HB 64 — An Act relating to regional fishery development associations; and relating to developing fishery management assessments.

32-LS0293\I32-LS0293\B CS FOR HOUSE BILL NO.

64(FSH)64 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - SECOND SESSION BY THEREPRESENTATIVES HOUSESTUTES, SPECIALOrtiz, COMMITTEEKreiss-Tomkins, ONJosephson, FISHERIESTarr Offered:Introduced:

4/21/212/18/21 Referred:

House Special Committee on Fisheries, Finance Sponsor(s):A BILL FOR AN ACT ENTITLED "An Act relating to regional fishery development associations;

REPRESENTATIVES STUTES, Ortiz, Kreiss-Tomkins, Josephson, Tarr A BILL FOR AN ACT ENTITLED "An Act relating to regional fishery development associations;

(2) represents commercial fishermen who (A) for a new fishery, (i) harvest fishery resources that would potentially be HB0064bHB0064a -1- CSHBHB 64(FSH)64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B included in the new fishery;

(c) The commissioner mayshall designate as a developing fishery the commercial harvest of a species of fishery resources in a specific geographic area of the state if the commissioner determines that (1) the optimum yield from the harvest of the species of fishery resources has not been reached;

(d) In this section, (1) "commission" means the Alaska Commercial Fisheries Entry CSHBHB 64(FSH)64 -2- HB0064bHB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B Commission established under AS 16.43.020;

(2) "new fishery" means a prospective fishery within a specieidspeci efi geographical region that is not currently regulated or controlled by the commission.

HB0064bHB0064a -3- CSHBHB 64(FSH)64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B (e) A person holding a limited entry permit or interim-use permit issued under AS 16.43 shall pay a developing fishery management assessment of 10 percent on a species of fishery resources that is subject to the assessment as determined by an election under AS 43.76.283, that is taken with commercial gear, and that the person removes from the state or transfers to a buyer in the state.

(k) A person holding a limited entry permit or interim-use permit issued under CSHBHB 64(FSH)64 -4- HB0064bHB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B AS 16.43 shall pay a developing fishery management assessment of 25 percent on a species of fishery resources that is subject to the assessment as determined by an election under AS 43.76.283, that is taken with commercial gear, and that the person removes from the state or transfers to a buyer in the state.

(n) A developing fishery management assessment may be leviedrlevied r collected under this section on a fishery resource in a developing fishery area only if (1) the commissioner of fish and game determines that the developing fishery area has a qualified fishery development association under AS 16.40.255;

and HB0064bHB0064a -5- CSHBHB 64(FSH)64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B (3) the registration and voting procedure for the approval, amendment, or termination of the developing fishery management assessment.

the qualified regional fishery development association shall provide notice of the meeting by (A) mailing or electronically transmitting the notice to each eligible interim-use permit and entry permit holder;

(2) the qualified regional fishery development association shall mail or electronically transmit two ballots to each eligible interim-use permit and entry permit holder;

the first ballot shall be mailed or transmitted not more than 45 days before the CSHBdate 64(FSH)ballots must be postmarked to HB 64 -6- HB0064bHB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I32-LS0293\B date ballots must be postmarked to be counted in the election;

the second ballot shall be mailed or transmitted not less than 15 days before the date ballots must be postmarked to be counted in the election;

(4) the ballots shall be returned by mail or by electronic transmission and shall be counted by an auditor selected by the qualified regional fishery development association and approved by the commissioner of fish and game;

HB0064b -7- CSHB 64(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I (f) Except as otherwise provided under AS 43.76.285 and 43.76.287, an HB0064a -7- HB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B election to amend the rate of a developing fishery management assessment or to terminate a developing fishery management assessment shall be conducted under the same procedures established under (a), (c), and (d) of this section for an election to approve a developing fishery management assessment.

the ballot must ask the question whether the developing fishery management assessment on a species of fishery resources taken in the area shall be amended and must state whether CSHB 64(FSH) -8- HB0064b New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I the developing fishery management assessment on the species of fishery resources is HB 64 -8- HB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B to be levied under AS 43.76.281(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m) if the assessment is amended;

the ballot must be worded so that a "yes" vote is for continuation of the developing fishery management HB0064b -9- CSHB 64(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I assessment and a "no" vote is for termination of the developing fishery management HB0064a -9- HB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B assessment;

(d) The developing fishery management assessment collected under this CSHB 64(FSH) -10- HB0064b New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I section shall be deposited in the state treasury.

Under AS 37.05.146(c), assessment HB 64 -10- HB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B receipts shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.

(b) The Department of Fish and Game shall develop an annual operating plan with the cooperation of the regional fishery development association and the Department of Environmental Conservation on or before a date specified by the Department of Fish and Game.

The annualqualified operatingregional planfishery mustdevelopment describeassociation theand activities for which the fundingDepartment will be eincluding identification of speciesEnvironmental andConservation areasshall forcooperat whiche bioassessmentwith surveysthe willDepartment be conducted, a description of managementFish and researchGame activitiesin tothe bedevelopment performed, planning for fisheries, and HB0064b -11- CSHB 64(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I administrative activities of the association.annual operating plan.

The annual operating plan must describe the activities for which the funding will be HB0064a -11- HB 64 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B expended, including identification of species and areas for which bioassessment surveys will be conducted, a description of management and research activities to be performed, planning for fisheries, and administrative activities of the association.

or (B) a fishery established by the Alaska Commercial Fisheries HB 64 -12- HB0064a New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\B Entry Commission under AS 16.43.100 that was previously designated by the commissioner of fish and game as a developing fishery under AS 16.40.255(c);

(3) "fishery resource" means fish, shellfish, or marine invertebrates CSHB 64(FSH) -12- HB0064b New Text Underlined [DELETED TEXT BRACKETED] 32-LS0293\I taken or landed under the authority of a limited entry permit or interim-use permit issued under AS 16.43;

HB0064bHB0064a -13- CSHBHB 64(FSH)64 New Text Underlined [DELETED TEXT BRACKETED]