Legislature(2023 - 2024)

2024-05-14 Senate Journal

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2024-05-14                     Senate Journal                      Page 2720
HB 295                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 295(RES) "An Act                                                                            
authorizing the sale of hatchery-produced salmonids to certain persons                                                          
for the purpose of stocking lakes" which had been held in third reading                                                         
(page 2594) was before the Senate.                                                                                              
                                                                                                                                
Senator Bjorkman moved the bill be returned to second reading for the                                                           
purpose of a specific amendment, that being Amendment No. 1.                                                                    
Without objection, the bill was returned to second reading.                                                                     
                                                                                                                                
Senator Bjorkman offered Amendment No. 1 :                                                                                       
                                                                                                                                
Page 1, line 2, following "lakes":                                                                                            
     Insert "; and relating to administrative areas for regulation of                                                         
certain commercial set net entry permits"                                                                                     
                                                                                                                                
Page 1, following line 7:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 2. AS 16.43.200 is amended by adding new subsections to                                                               
read:                                                                                                                           
          (c)  Notwithstanding (a) and (b) of this section, for the                                                             
     purposes of issuing entry permits and controlling entry into the                                                           
     commercial set net fishery on the east side of Cook Inlet, the                                                             
     commission shall establish the area administered on December 31,                                                           
     2024, identified by the Department of Fish and Game as of                                                                  
     January 1, 2024, as statistical areas 244-21, 244-22, 244-31, 244-                                                         
     32, 244-41, and 244-42 of the Upper Subdistrict of the Cook Inlet                                                          
     Central District as a distinct administrative area separate from the                                                       
     Cook Inlet administrative area.                                                                                            
          (d)  An entry permit that entitled a person to set net                                                                
     commercially in the area that was administered on December 31,                                                             
     2024, by the commission as the Cook Inlet administrative area                                                              
     does not entitle that person to set net commercially in the                                                                
     administrative area established under (c) of this section unless the                                                       
     commission reassigns the permit to that administrative area.                                                               
   * Sec. 3. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     TRANSITION: REASSIGNMENT OF CERTAIN COOK INLET                                                                             
AREA SET NET ENTRY PERMITS. (a) On January 1, 2025, an                                                                          
individual holding an entry permit that entitles the individual to                                                              
commercially set net in the Cook Inlet administrative area may have                                                             

2024-05-14                     Senate Journal                      Page 2721
the individual's entry permit renewed as an entry permit for the Cook                                                           
Inlet set net administrative area under AS 16.43.150(c), consistent                                                             
with the boundaries of that administrative area established under                                                               
AS 16.43.200, as amended by sec. 2 of this Act, unless the individual                                                           
provides proof satisfactory to the Alaska Commercial Fisheries Entry                                                            
Commission of the individual's participation in the fishery in the areas                                                        
identified by the Department of Fish and Game as of January 1, 2024,                                                            
as statistical areas 244-21, 244-22, 244-31, 244-32, 244-41, and 244-                                                           
42 of the Upper Subdistrict of the Cook Inlet Central District within                                                           
the two years preceding December 31, 2023. Proof satisfactory of                                                                
participation under this subsection may include a shore fisheries lease,                                                        
an area registration, a buoy tag, or previous submission of fishing                                                             
statistics for the area.                                                                                                        
     (b)  An individual who provides proof satisfactory to the Alaska                                                           
Commercial Fisheries Entry Commission of the individual's                                                                       
participation in the fishery in the areas identified by the Department of                                                       
Fish and Game as of January 1, 2024, as statistical areas 244-21, 244-                                                          
22, 244-31, 244-32, 244-41, and 244-42 of the Upper Subdistrict of                                                              
the Cook Inlet Central District under (a) of this section shall be                                                              
reassigned an entry permit on January 1, 2025, for the new                                                                      
administrative area established under AS 16.43.200(c), enacted by sec.                                                          
2 of this Act.                                                                                                                  
   * Sec. 4. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     APPEAL OF COMMISSION DECISION NOT TO ASSIGN AN                                                                             
APPLICANT'S PERMIT TO NEW ADMINISTRATIVE AREA. (a)                                                                              
An individual may appeal a decision by the Alaska Commercial                                                                    
Fisheries Entry Commission to renew the entry permit held by the                                                                
individual that allows the individual to commercially fish in the Cook                                                          
Inlet administrative area, as the area's boundaries are amended by                                                              
AS 16.43.200(c), enacted by sec. 2 of this Act, instead of issuing the                                                          
individual an entry permit for the administrative area established by                                                           
AS 16.43.200(c), enacted by sec. 2 of this Act. An appeal under this                                                            
section must be made to the superior court on or before March 1,                                                                
2025.                                                                                                                           
     (b)  The commission shall provide an individual who is appealing                                                           
a decision of the commission under this section a provisional entry                                                             
permit for the administrative area established by AS 16.43.200(c),                                                              
enacted by sec. 2 of this Act."                                                                                                 
                                                                                                                                

2024-05-14                     Senate Journal                      Page 2722
Senator Bjorkman moved for the adoption of Amendment No. 1.                                                                     
Senator Bishop objected.                                                                                                        
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 295(RES)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Bjorkman, Dunbar, Giessel, Kiehl, Merrick, Wielechowski,                                                                 
Wilson                                                                                                                          
                                                                                                                                
Nays:  Bishop, Claman, Gray-Jackson, Hoffman, Hughes, Kawasaki,                                                                 
Myers, Olson, Shower, Stedman, Stevens, Tobin                                                                                   
                                                                                                                                
Absent:  Kaufman                                                                                                                
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 295(RES) was                                                                                
automatically in third reading.                                                                                                 
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 295(RES) "An Act authorizing the sale of hatchery-produced                                                                  
salmonids to certain persons for the purpose of stocking lakes" pass                                                            
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
SCS CSHB 295(RES)                                                                                                               
Third Reading - Final Passage                                                                                                   
                                                                                                                                
                                                                                                                                

2024-05-14                     Senate Journal                      Page 2723
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman,                                                                  
Hughes, Kaufman, Merrick, Myers, Olson, Shower, Stedman, Stevens,                                                               
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Bjorkman, Kawasaki, Kiehl, Tobin                                                                                         
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 295(RES)                                                                            
passed the Senate and was referred to the Secretary for engrossment.