Legislature(2023 - 2024)
2024-05-14 Senate Journal
Full Journal pdf2024-05-14 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.