Legislature(2001 - 2002)

2002-05-11 Senate Journal

Full Journal pdf

2002-05-11                     Senate Journal                      Page 3360
HB 206                                                                                            
CS FOR HOUSE BILL NO. 206(RLS) "An Act relating to a vessel-                                        
based commercial fisheries limited entry system for the Bering Sea                                  
Korean hair crab fishery and for weathervane scallop fisheries, to                                  
management of offshore fisheries, and to the definition of 'person' for                             
purposes of the commercial fisheries entry program; and providing for                               
an effective date" was read the second time.                                                        
                                                                                                    
Senator Stevens offered Amendment No. 1 :                                                            
                                                                                                    
Page 9, following line 18:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 5.  AS 16.43.010(a) is amended to read:                                                   
 (a)  It is the purpose of this chapter to promote the conservation                                 
and the sustained yield management of Alaska's fishery resource and                                 
the economic health and stability of commercial fishing in Alaska by                                
regulating and controlling entry of participants [AND VESSELS] into                                 
the commercial fisheries in the public interest and without unjust                                  
discrimination."                                                                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 11, following line 25:                                                                         
 Insert a new bill section to read:                                                                 
"* Sec. 10.  AS 16.43.960(a) is amended to read:                                                  
 (a)  The commission may revoke, suspend, or transfer all entry or                                  
interim-use permits [, VESSEL ENTRY PERMITS, OR VESSEL                                              
INTERIM-USE PERMITS] held by a person [OR ENTITY] who                                               
knowingly provides or assists in providing false information, or fails                              
to correct false information provided to the commission for the                                     
purpose of obtaining a benefit for self or another, including the                                   
issuance, renewal, duplication, or transfer of an entry or interim-use                              
permit or [,] vessel license [, VESSEL ENTRY PERMIT, OR                                         
VESSEL INTERIM-USE PERMIT].  The commission may suspend,                                            
as appropriate, that person's [OR ENTITY'S] eligibility to hold an                                  
entry or interim-use permit [, VESSEL ENTRY PERMIT, OR                                              
VESSEL INTERIM-USE PERMIT] for a period not to exceed three                                         
years, and may impose an administrative fine of not more than $5,000                                
on the person.  The commission may also impose an administrative                                
fine of not more than $5,000 on an [OR] entity whose officers,                                  

2002-05-11                     Senate Journal                      Page 3361
employees, representatives, or agents knowingly provide or assist in                                
providing false information, or fail to correct false information                                   
provided, to the commission for the purpose of obtaining a benefit."                                
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 7:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 12.  AS 16.43.970(a) is amended to read:                                                  
 (a)  A person who violates a provision of this chapter or a                                        
regulation adopted under this chapter [OR AN ENTITY THAT                                            
VIOLATES A PROVISION OF AS 16.43.450 - 16.43.520 OR A                                               
REGULATION ADOPTED UNDER AS 16.43.450 - 16.43.520] is,                                              
upon conviction, guilty of a class B misdemeanor and is punishable by                               
a fine of not more than $5,000 for a first conviction, and a fine of not                            
more than $10,000 for a second or third conviction.  Upon a first or                                
second conviction under this subsection, the court may in its discretion                            
also order the commission to suspend the commercial fishing                                         
privileges of the person [OR ENTITY] for a period of not more than                                  
three years and to revoke one or more or all commercial fishing                                     
permits held by the person [OR ENTITY].  Upon a third or subsequent                                 
conviction under this subsection, the person [OR ENTITY] is also                                    
subject to a loss of commercial fishing privileges as provided under (i)                            
of this section.  This subsection does not apply to violations of                                   
AS 16.43.140(a)."                                                                                   
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 17:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 14.  AS 16.43.970(b) is amended to read:                                               
 (b)  A person [OR ENTITY] who knowingly makes a false                                              
statement to the commission for the purpose of obtaining a benefit,                                 
including the issuance, renewal, duplication, or transfer of an entry or                            
interim-use permit or [,] vessel license [, VESSEL INTERIM-USE                                  
PERMIT, OR VESSEL ENTRY PERMIT,] or a person who assists                                            
another by knowingly making a false statement to the commission for                                 
the purpose of obtaining a benefit for another, is guilty of the crime of                           
unsworn falsification as set out in AS 11.56.210.  Upon conviction, the                             
person [OR ENTITY] is also subject to suspension of commercial                                      

2002-05-11                     Senate Journal                      Page 3362
fishing privileges and revocation of commercial fishing permits under                               
(i) of this section."                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 23:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 16.  AS 16.43.970(d) is amended to read:                                               
 (d)  If a permit holder is charged by the state with violating a                                   
provision of this chapter or a regulation adopted under this chapter, the                           
holder may not transfer any interim-use or entry permit under                                       
AS 16.43.170 [OR ANY TRANSFERABLE VESSEL ENTRY                                                      
PERMIT UNDER AS 16.43.450 - 16.43.520] until after the final                                        
adjudication or dismissal of the charges."                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 12, following line 27:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 18.  AS 16.43.970(e) is amended to read:                                               
 (e)  Notwithstanding any other provision of this section, an                                       
interim-use or entry permit [OR TRANSFERABLE VESSEL ENTRY                                           
PERMIT] may not be transferred while under suspension, without the                                  
consent of the commission."                                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 13, following line 27:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 21.  AS 16.43.970(i) is amended to read:                                               
 (i)  Upon the conviction of a person [OR ENTITY] for an offense                                    
described under (a), (b), or (g) of this section, the court shall                                   
immediately notify the commission of the conviction.  The notice                                    
provided by the court shall be accompanied by an order suspending                                   
commercial fishing privileges and revoking commercial fishing                                       
permits under (a) of this section, as appropriate.  The commission                                  
shall, upon receipt of                                                                              
      (1)  an order from the court under (a) of this section, suspend                               
     the commercial fishing privileges of a person [OR ENTITY] for                                  
     the period set by the court and revoke commercial fishing permits                              

2002-05-11                     Senate Journal                      Page 3363
     held by the person [OR ENTITY] as directed by the court;                                       
      (2)  a notice from the court that a person [OR ENTITY] has                                    
     been convicted of a third or subsequent violation of (a) of this                               
     section, suspend all commercial fishing privileges of the person                               
     [OR ENTITY] for a period of three years from the date of                                       
     conviction and revoke all commercial fishing permits held by the                               
     person [OR ENTITY];                                                                            
      (3)  a notice from the court that a person [OR ENTITY] has                                    
     been convicted of a violation described under (b) of this section,                             
     suspend all commercial fishing privileges of the person [OR                                    
     ENTITY] for a period of three years from the date of conviction                                
     and revoke all commercial fishing permits held by the person [OR                               
     ENTITY];                                                                                       
      (4)  a notice from the court that a person has been convicted                                 
     of a violation described under (g)(1) of this section, suspend all                             
     commercial fishing privileges of the person for a period of one                                
     year from the date of conviction;                                                              
      (5)  a notice from the court that a person has been convicted                                 
     of a violation described under (g)(2) of this section, suspend all                             
     commercial fishing privileges of the person for a period of two                                
     years from the date of conviction;                                                             
      (6)  a notice from the court that a person has been convicted                                 
     of a violation described under (g)(3) of this section, suspend all                             
     commercial fishing privileges of the person for a period of five                               
     years from the date of conviction."                                                            
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 13, following line 31:                                                                         
Insert a new bill section to read:                                                                  
   "* Sec. 23.  AS 16.43.970(j)(1) is amended to read:                                            
      (1)  "commercial fishing permit" means an entry permit or [,]                             
     an interim-use permit [, A VESSEL ENTRY PERMIT, OR A                                           
            VESSEL INTERIM-USE PERMIT] issued under this chapter;"                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 14, following line 17:                                                                         
 Insert new bill sections to read:                                                                  
"* Sec. 27.  REPEAL OF VESSEL PERMIT SYSTEM.                                                      

2002-05-11                     Senate Journal                      Page 3364
AS 16.43.100(a)(20), 16.43.450, 16.43.460, 16.43.470, 16.43.480,                                    
16.43.490, 16.43.500, 16.43.510, and 16.43.520 are repealed.                                        
   * Sec. 28.  Sections 5, 10, 12, 14, 16, 18, 21, 23, and 27 of this Act                         
take effect December 30, 2008."                                                                     
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 14, line 18:                                                                                   
 Delete "This"                                                                                      
 Insert "Except as provided in sec. 28 of this Act, this"                                           
                                                                                                    
Senator Stevens moved for the adoption of Amendment No. 1. Senator                                  
Ellis objected, then withdrew his objection. There being no further                                 
objections, Amendment No. 1 was adopted.                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR HOUSE BILL NO. 206(RLS) am S was read the third time.                                        
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 206(RLS) am                                        
S "An Act relating to a vessel-based commercial fisheries limited entry                             
system for the Bering Sea Korean hair crab fishery and for                                          
weathervane scallop fisheries, to management of offshore fisheries,                                 
and to the definition of 'person' for purposes of the commercial                                    
fisheries entry program; and providing for an effective date" pass the                              
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 206(RLS) am S                                                                                  
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                 
Therriault, Wilken                                                                                  
                                                                                                    
Nays:  Torgerson, Ward                                                                              
                                                                                                    
Absent:  Kelly                                                                                      
                                                                                                    

2002-05-11                     Senate Journal                      Page 3365
and so, CS FOR HOUSE BILL NO. 206(RLS) am S passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.