Legislature(2001 - 2002)
2002-05-11 Senate Journal
Full Journal pdf2002-05-11 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.