SB 64 — An Act relating to management of enhanced stocks of shellfish; authorizing certain nonprofit organizations to engage in shellfish enhancement projects; relating to application fees for salmon hatchery permits and shellfish enhancement project permits; allowing the Alaska Seafood Marketing Institute to market aquatic farm products; and providing for an effective date.

32-LS0421\B32-LS0421\A CS FOR SENATE BILL NO.

64(FIN)64 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THESENATOR SENATESTEVENS FINANCEIntroduced: COMMITTEE Referred:

Rules11/29/21 Sponsor(s):Referred:

SENATORResources, STEVENSFinance A BILL FOR AN ACT ENTITLED "An Act relating to management of enhanced stocks of shellfish;

allowing the Alaska Seafood Marketing Institute to market aquatic farm products;

SB0064A -1- SB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A (2) consider the need of projects authorized under AS 16.12.010 to harvest and sell shellfish that are not needed for brood stock to obtain funds for SB0064B -1- CSSB 64(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B the purposes allowed under AS 16.12.080;

(a) Subject to SB 64 -2- SB0064A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project CSSB 64(FIN) -2- SB0064B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B to (1) augment the yield and harvest of shellfish indigenous to state water above naturally occurring levels by natural, artificial, or semiartificial production systems;

SB0064A -3- SB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A Sec.

(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public SB0064B -3- CSSB 64(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B hearing in a central location in the vicinity of the proposed release of shellfish.

SB 64 -4- SB0064A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A (8) make surplus shellfish available for sale first to the department and then, after inspection and approval by the department, to other permit holders CSSB 64(FIN) -4- SB0064B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B operating under this chapter;

The Board of Fisheries may not adopt a regulation or take an action regarding the issuance or denialdenif of a permit required in SB0064A -5- SB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A this chapter.

(a) Before and after SB0064B -5- CSSB 64(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B permit issuance under AS 16.12.010, the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010, including the planning, construction, and operation of facilities.

(b) A permit holder may, by a majority vote of the membership of the permit holder's board of directors, elect to harvest shellfish in a special harvest area SB 64 -6- SB0064A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A established for a project under AS 16.12.010 through the common property fishery.

At the request of the permit holder and if the commissioner determines that there are no CSSB 64(FIN) -6- SB0064B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B allocative issues involved, and after reasonable consultation with affected commercial fishermen, the commissioner may adopt regulations governing the harvest of shellfish in a special harvest area through a common property fishery.

The buyer of the shellfish must be licensed under AS 43.75, and the buyer shall collect the assessment on shellfish taken in a special harvest area at the time of purchase and remit the assessment to the Department of Revenue in accordance with regulations adopted by the Department of SB0064A -7- SB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A Revenue.

(d) The Department of Revenue may, by regulation, annually by March 1, set SB0064B -7- CSSB 64(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B the assessment levied on shellfish taken in a special harvest area in consultation with the Department of Commerce, Community, and Economic Development, the permit holder, and representatives of affected commercial fishermen.

(g) In this section, (1) "special harvest area" means an area designated by the SB 64 -8- SB0064A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A commissioner or the Board of Fisheries where shellfish may be harvested by permit holders under this chapter and by the common property fishery;

CSSB 64(FIN) -8- SB0064B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B (2) "value" has the meaning given in AS 43.75.290.

(a) In addition to entry permits, interim-use permits, and educational permits, SB0064A -9- SB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A the commission may issue special harvest area entry permits to (1) holders of private, nonprofit hatchery permits issued by the SB0064B -9- CSSB 64(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\B Department of Fish and Game under AS 16.10.400 - 16.10.475 for salmon;

AS 16.51.090 is amended to read:

Sec.

16.51.090.

Powers of board.

In carrying out the powers of the institute, the board may (1) adopt, alter, and use a corporate seal;

(2) prescribe, adopt, amend, and repeal bylaws;

(3) sue and be sued in the name of the institute;

(4) enter into any agreements necessary to the exercise of its powers and functions;

(5) cooperate with a public or private board, organization, or agency engaged in work or activities similar to the work or activities of the institute, including entering into contracts for joint programs of consumer education, sales promotion, quality control, advertising, and research in the production, processing, or distribution of seafood and aquatic farm products;

(6) conduct, or contract for, scientific research to develop and discover health, dietetic, or other uses of seafood and aquatic farm products harvested and processed in the state;

(7) receive contributions of money from persons;

(8) establish offices in the state and otherwise incur expenses incidental to the performance of its duties;

(9) appear on behalf of the institute before boards, commissions, departments, or other agencies of municipal, state, or federal government;

SB 64 -10- SB0064A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0421\A (10) acquire, hold, lease, sell, or otherwise dispose of property, but such property is limited to that which is necessary to the administrative functioning of the office of the institute;

(11) establish and maintain one or more bank accounts for the transaction of the institute's business;

(12) prepare market research and product development plans for the promotion of any species of seafood and aquatic farm product and their by-products that may be harvested in the state and processed for sale;

(13) establish committees related to the marketing of salmon and salmon products;

the board shall, to the extent practicable, appoint equal numbers of seafood processors and persons engaged in commercial fishing to the committees.

* Sec.

8.

AS 16.51.110 is amended to read: