COMMER FISH LIM ENTRY COMMN: XFER TO ADFG

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SENATE BILL NO. 199

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY SENATOR GIESSEL

Introduced: 1/21/26
Referred: Resources, Finance

A BILL

FOR AN ACT ENTITLED

"An Act repealing the Alaska Commercial Fisheries Limited Entry Commission and 1
transferring its duties to the Department of Fish and Game and the office of 2
administrative hearings." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 16.05.050(a) is amended to read: 5
(a) The commissioner has, but not by way of limitation, the following powers 6
and duties: 7
(1) through the appropriate state agency and under the provisions of 8
AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other 9
lawful means, land, buildings, water, rights-of-way, or other necessary or proper real 10
or personal property when the acquisition is in the interest of furthering an objective or 11
purpose of the department and the state; 12
(2) under the provisions of AS 36.30, to design and construct 13
hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish 14
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and game resources of the state; 1
(3) to accept money from any person under conditions requiring the 2
use of the money for specific purposes in the furtherance of the protection, 3
rehabilitation, propagation, preservation, or investigation of the fish and game 4
resources of the state or in settlement of claims for damages to fish or game resources; 5
(4) to collect, classify, and disseminate statistics, data and information 6
that, in the commissioner's discretion, will tend to promote the purposes of this title 7
except AS 16.51 and AS 16.52; 8
(5) to take, capture, propagate, transport, buy, sell, or exchange fish or 9
game or eggs for propagating, scientific, public safety, or stocking purposes; 10
(6) under the provisions of AS 36.30, to provide public facilities where 11
necessary or proper to facilitate the taking of fish or game, and to enter into 12
cooperative agreements with any person to effect them; 13
(7) to exercise administrative, budgeting, and fiscal powers; 14
(8) under the provisions of AS 36.30, to construct, operate, supervise, 15
and maintain vessels used by the department; 16
(9) to authorize the holder of an interim-use permit under AS 16.43 to 17
engage on an experimental basis in commercial taking of a fishery resource with 18
vessel, gear, and techniques not presently qualifying for licensing under this chapter in 19
conformity with standards established by the department under AS 16.43 [ALASKA 20
COMMERCIAL FISHERIES ENTRY COMMISSION]; 21
(10) not later than January 31 of each year, to provide to the 22
commissioner of revenue the names of those fish and shellfish species that the 23
commissioner of fish and game designates as developing commercial fish species for 24
that calendar year; a fish or shellfish species is a developing commercial fish species 25
if, within a specified geographical region, 26
(A) the optimum yield from the harvest of the species has not 27
been reached; 28
(B) a substantial portion of the allowable harvest of the species 29
has been allocated to fishing vessels of a foreign nation; or 30
(C) a commercial harvest of the fish species has recently 31
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developed; 1
(11) to initiate or conduct research necessary or advisable to carry out 2
the purposes of this title except AS 16.51 and AS 16.52; 3
(12) to enter into cooperative agreements with agencies of the federal 4
government, educational institutions, or other agencies or organizations, when in the 5
public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52; 6
(13) to implement an on-board observer program authorized by the 7
Board of Fisheries under AS 16.05.251(a)(13); implementation 8
(A) must be as unintrusive to vessel operations as practicable; 9
and 10
(B) must make scheduling and scope of observers' activities as 11
predictable as practicable; 12
(14) to sell fish caught during commercial fisheries test fishing 13
operations; 14
(15) to establish and charge fees equal to the cost of services provided 15
by the department, including provision of public shooting ranges, broodstock and eggs 16
for private nonprofit hatcheries, department publications, and other direct services, and 17
reasonable fees for the use of state facilities managed by the department; fees 18
established under this paragraph for tours of hatchery facilities, commercial use of 19
sport fishing access sites, and for operation of state hatchery facilities by private 20
aquaculture associations are not subject to the cost limit under AS 37.10.050(a); 21
(16) to permit and regulate aquatic farming in the state in a manner 22
that ensures the protection of the state's fish and game resources and improves the 23
economy, health, and well-being of the citizens of the state; 24
(17) to operate state housing and facilities for employees, contractors, 25
and others in support of the department's responsibilities and to charge rent that is 26
consistent with applicable collective bargaining agreements, or, if no collective 27
bargaining agreement is applicable, competitive with market conditions; rent received 28
from tenants shall be deposited in the general fund; 29
(18) [TO PETITION THE ALASKA COMMERCIAL FISHERIES 30
ENTRY COMMISSION, UNLESS THE BOARD OF FISHERIES DISAPPROVES 31
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THE PETITION UNDER AS 16.05.251(g),] to establish a moratorium on new 1
entrants into commercial fisheries, unless the Board of Fisheries disapproves the 2
request under AS 16.05.251(g), 3
(A) that have experienced recent increases in fishing effort that 4
are beyond a low, sporadic level of effort; 5
(B) that have achieved a level of harvest that may be 6
approaching or exceeding the maximum sustainable level for the fishery; and 7
(C) for which there is insufficient biological and resource 8
management information necessary to promote the conservation and sustained 9
yield management of the fishery; 10
(19) to promote fishing, hunting, and trapping and preserve the 11
heritage of fishing, hunting, and trapping in the state; 12
(20) under the provisions of AS 16.43, to regulate and control 13
entry of participants and vessels into the commercial fisheries in the public 14
interest and without unjust discrimination. 15
* Sec. 2. AS 16.05.251(g) is amended to read: 16
(g) Upon request of the commissioner, the [THE] Board of Fisheries shall 17
consider the department's proposal to impose [A REQUEST OF THE 18
COMMISSIONER FOR APPROVAL OF A PETITION TO THE ALASKA 19
COMMERCIAL FISHERIES ENTRY COMMISSION TO ESTABLISH] a 20
moratorium on new entrants into a commercial fishery under AS 16.43.225 at the 21
board's next regular or special meeting that follows the board's receipt [BY THE 22
BOARD] of the request [FOR APPROVAL OF THE PETITION] and that allows time 23
for the notice required under this subsection. The board may consider the request of 24
the commissioner [FOR APPROVAL OF THE PETITION] only after 15 days' public 25
notice of the board's intention to consider the request [APPROVAL OF THE 26
PETITION]. The board shall consider whether the commissioner, in support of the 27
request [FOR APPROVAL OF THE PETITION], has adequately shown that the 28
fishery meets requirements for a moratorium on new entrants under AS 16.05.050. 29
The board shall, by a majority vote of its members at the meeting when the request 30
[PETITION] must be considered, [SHALL] approve or disapprove the request 31
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[PETITION]. 1
* Sec. 3. AS 16.05.270 is amended to read: 2
Sec. 16.05.270. Delegation of authority to commissioner. For the purpose of 3
administering AS 16.05.251(a) – (f), (h), and (i) [AS 16.05.251] and 16.05.255, each 4
board may delegate authority to the commissioner to act in its behalf. If there is a 5
conflict between the board and the commissioner on proposed regulations, public 6
hearings shall be held concerning the issues in question. If, after the public hearings, 7
the board and the commissioner continue to disagree, the issue shall be certified in 8
writing by the board and the commissioner to the governor who shall make a decision. 9
The decision of the governor is final. 10
* Sec. 4. AS 16.05.450(b) is amended to read: 11
(b) The department [ALASKA COMMERCIAL FISHERIES ENTRY 12
COMMISSION] shall issue a vessel license under AS 16.05.490 to each qualified 13
vessel for which a written application has been filed, at a place in the state designated 14
by the department [COMMISSION], containing the reasonable information required 15
by the department [COMMISSION] together with the required fee. The application 16
shall be simple in form and shall be executed by the applicant under the penalty of 17
unsworn falsification in the second degree. 18
* Sec. 5. AS 16.05.480(d) is amended to read: 19
(d) Upon request, the department [OR THE ALASKA COMMERCIAL 20
FISHERIES ENTRY COMMISSION] shall provide a social security number provided 21
by an applicant for a license under this section to the child support services agency 22
created in AS 25.27.010, or the child support agency of another state, for child support 23
purposes authorized under law. 24
* Sec. 6. AS 16.05.520 is amended to read: 25
Sec. 16.05.520. Number plate. (a) The vessel license includes a permanent 26
number plate. The number plate shall be accompanied by a tab affixed to the number 27
plate designating the year to be fished. A number plate is not transferable, and the 28
number plate shall be considered a permanent fixture on [UPON] the vessel on 29
[UPON] which the number plate is originally placed. The number plate shall be 30
securely fastened well forward on the port side in plain sight. On a vessel with a 31
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superstructure, the number plate shall be fastened on the port side of the 1
superstructure. A number plate remains the property of the state. The department 2
[ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] may establish by 3
regulation a reasonable fee for the initial issuance of a permanent number plate. If a 4
permanent number plate is accidentally defaced, mutilated, destroyed, or lost, the 5
person owning or operating the vessel shall immediately apply for and may obtain a 6
duplicate upon furnishing the department [ALASKA COMMERCIAL FISHERIES 7
ENTRY COMMISSION] with the pertinent facts and a payment of a reasonable fee 8
established by the department [COMMISSION] by regulation that is not less than $2. 9
(b) If a vessel carrying a number plate is lost, destroyed, or sold, the owner 10
shall immediately report the loss, destruction, or sale to the department [ALASKA 11
COMMERCIAL FISHERIES ENTRY COMMISSION]. 12
* Sec. 7. AS 16.05.530(a) is amended to read: 13
(a) Upon payment of the vessel license fee and filing of the name and address 14
of the owner of the vessel or the owner's authorized agent, the name and number of the 15
vessel, a description of the vessel, the vessel license number, if any, the area to be 16
fished, and other reasonable information required by the department [ALASKA 17
COMMERCIAL FISHERIES ENTRY COMMISSION], the department 18
[COMMISSION] shall issue a permanent number plate and a vessel license. If the 19
vessel has a permanent number plate, the department [COMMISSION] shall issue a 20
vessel license and tab designating the year the license is valid. The tab shall be placed 21
in the space provided on the permanent number plate. 22
* Sec. 8. AS 16.05.675(a) is amended to read: 23
(a) A person who does not hold a limited entry permit or interim-use permit 24
issued under AS 16.43 or a fish transporter permit issued under AS 16.05.671 may not 25
deliver or land fish in the state unless the person 26
(1) holds a valid federal permit to operate commercial fishing gear in 27
the fishery conservation zone; and 28
(2) has been issued a landing permit by the department [ALASKA 29
COMMERCIAL FISHERIES ENTRY COMMISSION]. 30
* Sec. 9. AS 16.05.675(c) is amended to read: 31
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(c) The department [COMMISSIONER] may authorize [THE ALASKA 1
COMMERCIAL FISHERIES ENTRY COMMISSION TO ISSUE] landing permits 2
for a fishery if the commissioner has made a written finding that the issuance of 3
landing permits for that fishery is consistent with state resource conservation and 4
management goals. 5
* Sec. 10. AS 16.05.815(a) is amended to read: 6
(a) Except as provided in (b) and (c) of this section, records required by 7
regulations of the department concerning the landings of fish, shellfish, or fishery 8
products, and annual statistical reports of fishermen, buyers, and processors required 9
by regulation of the department are confidential and may not be released by the 10
department [OR BY THE ALASKA COMMERCIAL FISHERIES ENTRY 11
COMMISSION] except as set out in this subsection. The department may release the 12
records and reports set out in this subsection to the [ALASKA COMMERCIAL 13
FISHERIES ENTRY COMMISSION. THE DEPARTMENT AND THE ALASKA 14
COMMERCIAL FISHERIES ENTRY COMMISSION MAY RELEASE THE 15
RECORDS AND REPORTS SET OUT IN THIS SUBSECTION TO THE] recipients 16
identified in this subsection if the recipient, other than a recipient under (6) - (10) of 17
this subsection, agrees to maintain the confidentiality of the records and reports. The 18
department [AND THE ALASKA COMMERCIAL FISHERIES ENTRY 19
COMMISSION] may release 20
(1) any of the records and reports to the National Marine Fisheries 21
Service and the professional staff of the North Pacific Fishery Management Council as 22
required for preparation and implementation of the fishery management plans of the 23
North Pacific Fishery Management Council within the exclusive economic zone; 24
(2) any of the records and reports to the professional staff of the 25
Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 26
Information Network project for the purpose of exchanging information with users 27
authorized by the department; 28
(3) any of the records and reports to the Department of Revenue to 29
assist the department in carrying out its statutory responsibilities; 30
(4) records or reports of the total value purchased by each buyer to a 31
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municipality that levies and collects a tax on fish, shellfish, or fishery products if the 1
municipality requires records of the landings of fish, shellfish, or fishery products to 2
be submitted to it for purposes of verification of taxes payable; 3
(5) records or reports of guided sport fishing activities filed by a guide 4
to a municipality that levies a tax on those activities if the 5
(A) municipality requests the records for the purpose of 6
verifying taxes payable; and 7
(B) activities occurred within the four calendar years preceding 8
the date of the request; 9
(6) such records and reports as necessary to be in conformity with a 10
court order; 11
(7) on request, the report of a person to the person whose fishing 12
activity is the subject of the report, or to a designee of the person whose fishing 13
activity is the subject of the report; 14
(8) on request, annual statistical reports of a fisherman, buyer, or 15
processor to the fisherman, buyer, or processor whose activity is the subject of the 16
report, or to a designee of the fisherman, buyer, or processor whose activity is the 17
subject of the report; 18
(9) any of the records and reports to the Department of Public Safety 19
for law enforcement purposes; 20
(10) fish tickets, fish ticket information, records required of sport 21
fishing guides, and annual statistical reports of fishermen, buyers, and processors and 22
information in those reports to the law enforcement personnel of the National Marine 23
Fisheries Service and the National Oceanic and Atmospheric Administration for the 24
purpose of enforcing fishery laws in waters of this state and in waters of the exclusive 25
economic zone adjacent to this state; 26
(11) fish tickets, fish ticket information, and records required of sport 27
fishing guides regarding halibut to the International Pacific Halibut Commission; 28
(12) any of the records and reports to the child support services agency 29
created in AS 25.27.010, or the child support enforcement agency of another state, for 30
child support purposes authorized under law; 31
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(13) any of the records and reports to the Department of Natural 1
Resources to assist the department in carrying out its statutory responsibilities in 2
regard to sport fishing operations and sport fishing guides within the Kenai River 3
Special Management Area under AS 41.21.500 - 41.21.514; and 4
(14) fish ticket information and records or reports of the total value 5
purchased by each fisherman, buyer, or processor to the National Marine Fisheries 6
Service for the purpose of enforcing the industry fee system of a fishing capacity 7
reduction program under 16 U.S.C. 1861a (Magnuson-Stevens Fishery Conservation 8
and Management Act). 9
* Sec. 11. AS 16.10.333(a) is amended to read: 10
(a) Loans under AS 16.10.310(a) may be made to an individual commercial 11
fisherman for the purchase of a limited entry permit upon certification by the 12
Department of Fish and Game [COMMISSION] that the fisherman is a person who 13
qualifies as a transferee for the permit under AS 16.43 and the regulations adopted 14
under AS 16.43 [BY THE COMMISSION]. 15
* Sec. 12. AS 16.10.333(d) is amended to read: 16
(d) Upon satisfaction of the note by the debtor, the commissioner shall certify 17
to the Department of Fish and Game [COMMISSION] that the note has been 18
satisfied. 19
* Sec. 13. AS 16.10.333(e) is amended to read: 20
(e) Upon certification as provided in (d) of this section, the Department of 21
Fish and Game [COMMISSION] shall amend the permit certificate to list the debtor 22
as the legal owner. 23
* Sec. 14. AS 16.10.335(a) is amended to read: 24
(a) If the debtor defaults upon a note for which a limited entry permit has been 25
pledged as security under AS 16.10.333 or 16.10.338, the commissioner shall provide 26
the debtor, by both certified and first class mail sent to the debtor's last known address 27
on file with the commissioner, with a notice of default that includes 28
(1) a description of the security given for the note including the 29
number assigned to the pledged permit by the Department of Fish and Game 30
[COMMISSION]; 31
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(2) the date upon which the default occurred; 1
(3) the amount of the debtor's outstanding principal and interest as of 2
the date of the default notice, the total amount remaining on the note less unearned 3
interest, and the amount of daily interest; 4
(4) a statement that the debtor may, within 15 days after the postmark 5
date of the notice, request a hearing to submit evidence showing the debtor has not 6
defaulted; 7
(5) a statement that the note may be reinstated if it is brought current 8
within 120 days after the postmark date of the notice; 9
(6) a statement that, under AS 16.10.310(a)(4), the debtor may 10
reinstate the note by submitting to the commissioner a plan of repayment if the 11
commissioner accepts the debtor's plan of repayment; 12
(7) the place where reinstatement of the note or payment in full may be 13
made; and 14
(8) a notice in at least 10-point bold type stating: IMPORTANT: 15
YOUR FAILURE TO REINSTATE OR PAY THIS NOTE IN FULL BY THE DATE 16
SPECIFIED WILL RESULT IN A FORFEITURE OF ALL RIGHTS TO THE 17
PERMIT AND THE POSSIBILITY OF LEGAL ACTION BEING INSTITUTED 18
AGAINST YOU. 19
* Sec. 15. AS 16.10.337(a) is amended to read: 20
(a) Upon a foreclosure on an entry permit as provided in AS 16.10.335 or the 21
termination of a debtor's interest in an entry permit under AS 16.10.335(g), the 22
commissioner shall offer the Department of Fish and Game [COMMISSION] a 23
right of first refusal if the permit is subject to a buy-back program under AS 16.43.290 24
- 16.43.330 at a price equal to the amount outstanding on the note plus any costs the 25
department directly incurred in administering the loan. 26
* Sec. 16. AS 16.10.337(b) is amended to read: 27
(b) If the Department of Fish and Game [COMMISSION] does not exercise 28
its right of first refusal within 30 days after it receives the offer, or if the permit is not 29
subject to a buy-back program under AS 16.43.290 - 16.43.330, the department shall 30
advertise and sell the permit. If the proceeds of the sale of a permit exceed the amount 31
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necessary to pay the note in full, plus penalties, costs of administration of the note, 1
attorney fees, and child support liens of which the department has notice, the excess 2
shall be transferred by the commissioner to the debtor. At any time until the permit has 3
been sold under this subsection, the debtor may repurchase the permit by paying the 4
department the amount necessary to pay the note in full, plus penalties, costs of 5
administration of the note, and attorney fees, as determined by the commissioner. 6
* Sec. 17. AS 16.40.250 is amended to read: 7
Sec. 16.40.250. Salmon fishery associations. The commissioner may assist in 8
and encourage the formation of qualified salmon fishery associations for the purpose 9
of promoting the consolidation of the fishing fleet in a salmon fishery for which the 10
department [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] has 11
issued commercial fishing entry permits under AS 16.43. A salmon fishery association 12
is qualified if the commissioner determines that the regional association 13
(1) is incorporated as a nonprofit corporation under AS 10.20; 14
(2) is made up [COMPRISED] of interim-use permit and entry permit 15
holders in the salmon fishery for which the association is established; and 16
(3) has a board of directors that is made up [COMPRISED] of 17
interim-use permit and entry permit holders in the salmon fishery. 18
* Sec. 18. AS 16.43 is amended by adding a new section to read: 19
Sec. 16.43.015. Commercial fisheries office. The commercial fisheries office 20
is established as a regulatory and quasi-judicial office in the office of the 21
commissioner of fish and game. 22
* Sec. 19. AS 16.43.100 is amended to read: 23
Sec. 16.43.100. Duties and general powers. (a) To accomplish the purposes 24
set out in AS 16.43.010, the department [COMMISSION] shall 25
(1) regulate entry into the commercial fisheries for all fishery resources 26
in the state; 27
(2) establish priorities for the application of the provisions of this 28
chapter to the various commercial fisheries of the state; 29
(3) establish administrative areas suitable for regulating and 30
controlling entry into the commercial fisheries; 31
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(4) establish, for all types of gear, the maximum number of entry 1
permits for each administrative area; 2
(5) designate, when necessary to accomplish the purposes of this 3
chapter, particular species for which separate interim-use permits or entry permits will 4
be issued; 5
(6) establish qualifications for the issuance of entry permits; 6
(7) issue entry permits to qualified applicants; 7
(8) issue interim-use permits as provided in AS 16.43.210, 16.43.220, 8
and 16.43.225; 9
(9) establish, for all types of gear, the optimum number of entry 10
permits for each administrative area; 11
(10) administer the buy-back program provided for in AS 16.43.310 12
and 16.43.320 to reduce the number of outstanding entry permits to the optimum 13
number of entry permits; 14
(11) provide for the transfer and reissuance of entry permits to 15
qualified transferees; 16
(12) provide for the transfer and reissuance of entry permits for 17
alternative types of legal gear, in a manner consistent with the purposes of this 18
chapter; 19
(13) establish and administer the collection of the annual fees provided 20
for in AS 16.43.160; 21
(14) administer the issuance of commercial fishing vessel licenses 22
under AS 16.05.490; 23
(15) issue educational entry permits to applicants who qualify under 24
the provisions of AS 16.43.340 - 16.43.390; 25
(16) establish reasonable user fees for services; 26
(17) [ISSUE LANDING PERMITS UNDER AS 16.05.675 AND 27
REGULATIONS ADOPTED UNDER THAT SECTION; 28
(18)] establish and collect annual fees for the issuance of landing 29
permits that reasonably reflect the costs incurred in the administration and 30
enforcement of provisions of law related to landing permits; 31
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[(19) ESTABLISH A MORATORIUM ON ENTRY INTO 1
COMMERCIAL FISHERIES AS PROVIDED IN AS 16.43.225;] and 2
(18) [(20)] when requested by a regional development organization 3
formed under former AS 44.33.895, provide to the organization, without charge, 4
public information contained in the department's [COMMISSION'S] data with 5
respect to relevant fisheries, including limited fisheries, fishery participants, and 6
limited entry permit holders' harvests and earnings. 7
[(21) REPEALED.] 8
(b) The department [COMMISSION] may do all things necessary to the 9
exercise of the commissioner's [ITS] powers under this chapter, whether or not 10
specifically designated in this chapter. 11
* Sec. 20. AS 16.43.110 is repealed and reenacted to read: 12
Sec. 16.43.110. Regulations and hearing procedures. (a) The department 13
may adopt regulations, consistent with law, necessary or proper in the exercise of its 14
powers or for the performance of its duties under this chapter. 15
(b) The department shall adopt regulations, consistent with due process of law, 16
that govern practice and procedure and the conduct of all investigations, hearings, and 17
proceedings. Adjudicatory proceedings required under this chapter shall be conducted 18
by the office of administrative hearings (AS 44.64). 19
(c) The Alaska Rules of Evidence apply to investigations, hearings, and 20
proceedings before the department or the office of administrative hearings under this 21
chapter, except when the department determines that their application is not required 22
in order to ensure fair treatment of all parties and that the evidence is relevant and of 23
the sort on which responsible persons are accustomed to rely in the conduct of serious 24
matters. 25
(d) The department, the office of administrative hearings, or an employee 26
authorized by the department or the office of administrative hearings may administer 27
oaths, certify to all official acts, and issue subpoenas and other process to compel the 28
attendance of witnesses and the production of testimony, records, papers, accounts, 29
and documents in an inquiry, investigation, hearing, or proceeding before the 30
department under this chapter in any part of the state. The department or office of 31
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administrative hearings may petition a court to enforce its subpoenas or other process 1
under this chapter. 2
(e) The department shall adopt regulations to provide for the correction of 3
administrative error under this chapter. 4
* Sec. 21. AS 16.43.120 is amended to read: 5
Sec. 16.43.120. Application of Administrative Procedure Act. (a) The 6
administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) 7
do not apply to adjudicatory proceedings of the office of administrative hearings 8
(AS 44.64) held under this chapter [COMMISSION] except that final administrative 9
determinations by the office of administrative hearings or the commissioner under 10
this chapter [COMMISSION] are subject to judicial review as provided in 11
AS 44.62.560 - 44.62.570. 12
(b) AS 44.62.010 - 44.62.319 and 44.62.640 apply to regulations adopted by 13
the department under this chapter [COMMISSION]. 14
* Sec. 22. AS 16.43.140(a) is amended to read: 15
(a) A person may not operate gear in the commercial taking of fishery 16
resources without a valid entry permit or a valid interim-use permit issued by the 17
department [COMMISSION]. 18
* Sec. 23. AS 16.43.140(c) is amended to read: 19
(c) A person may hold more than one interim-use or entry permit issued or 20
transferred under this chapter only for the following purposes: 21
(1) fishing more than one type of gear; 22
(2) fishing in more than one administrative area; 23
(3) harvesting particular species for which separate interim-use or 24
entry permits are issued; 25
(4) if authorized by regulations adopted by the department [OF THE 26
COMMISSION], fishing an entire unit of gear in a fishery in which the department 27
[COMMISSION] has issued entry permits for less than a unit of gear under 28
AS 16.43.270(d); under this paragraph, a person may not hold more than two entry 29
permits for a fishery; however, the person may not 30
(A) fish more than one unit of gear in the fishery; or 31
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(B) acquire a second entry permit for the fishery after the 1
person has acquired an entry permit that authorizes the use of an entire unit of 2
gear in the fishery; 3
(5) consolidation of the fishing fleet for a salmon fishery; however, a 4
person may hold not more than two entry permits for a salmon fishery under this 5
paragraph, but the person who holds two entry permits for a salmon fishery may not 6
engage in fishing under the second entry permit. 7
* Sec. 24. AS 16.43.150(d) is amended to read: 8
(d) Failure to renew an entry permit for a period of two years from the year of 9
last renewal results in a forfeiture of the entry permit to the department 10
[COMMISSION], except as waived by the department [COMMISSION] for good 11
cause. An entry permit may not be renewed until the fees for each preceding year 12
during which the entry permit was not renewed are paid. However, failure to renew an 13
entry permit in a year in which there is an administrative closure for the entire season 14
for a specific fishery is good cause not to renew the entry permit. The department 15
[COMMISSION] shall waive the payment of fees for that year. 16
* Sec. 25. AS 16.43.150(h) is amended to read: 17
(h) Unless an entry permit holder has expressed a contrary intent in a will that 18
is probated, the department [COMMISSION] shall, upon the death of the permit 19
holder, transfer the permanent permit by right of survivorship directly to the surviving 20
spouse or, if no spouse survives, to a natural person designated by the permit holder on 21
a form provided by the department [COMMISSION]. If no spouse survives and if the 22
person designated on the form, if any, does not survive, the permit passes as part of the 23
permit holder's estate. A designation under this subsection must be acknowledged 24
before a person authorized to administer an oath under AS 09.63.010 or must be 25
witnessed by two persons who are qualified under AS 13.12.505 to witness the will of 26
the permit holder. Except as provided in AS 16.10.333 - 16.10.337, AS 44.81.215, and 27
44.81.231 - 44.81.250, the permit is exempt from the claims of creditors of the estate. 28
* Sec. 26. AS 16.43.150(i) is amended to read: 29
(i) The holder of a transferable or nontransferable entry permit or of an 30
interim-use permit may voluntarily relinquish the permit to the department 31
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[COMMISSION]. 1
* Sec. 27. AS 16.43.160(a) is amended to read: 2
(a) Except as specifically provided in this section, the department 3
[COMMISSION] shall establish annual fees for the issuance and annual renewal of 4
entry permits or interim-use permits. 5
* Sec. 28. AS 16.43.160(b) is amended to read: 6
(b) The department [COMMISSION] may charge interest at a rate not to 7
exceed the legal rate of interest established in AS 45.45.010 on fees more than 60 days 8
overdue. 9
* Sec. 29. AS 16.43.160(c) is amended to read: 10
(c) The annual base fee for issuance or renewal of an entry permit or an 11
interim-use permit may not be less than $30 or more than $3,000. The annual base fee 12
must reasonably reflect the different rates of economic return for different fisheries. In 13
addition to the annual base fee established by the department [COMMISSION] under 14
this subsection, a nonresident shall pay an annual nonresident surcharge for the 15
issuance or renewal of one or more entry permits or interim-use permits. The 16
department [COMMISSION] shall establish the annual nonresident surcharge by 17
regulation at an amount that is as close as is practicable to the maximum allowed by 18
law. 19
* Sec. 30. AS 16.43.170(a) is amended to read: 20
(a) Except as provided in AS 16.10.333 - 16.10.338 and in AS 44.81.231 - 21
44.81.250, entry permits and interim-use permits are transferable only through the 22
department [COMMISSION] as provided in this section and AS 16.43.180 and under 23
regulations adopted by the department [COMMISSION]. An involuntary transfer of 24
an entry permit in a manner inconsistent with the statutes of this state and the 25
regulations of the department [COMMISSION] is void. 26
* Sec. 31. AS 16.43.170(b) is amended to read: 27
(b) Except as provided in (e) of this section, the holder of an entry permit may 28
transfer the permit to another person or to the department [COMMISSION] upon 60 29
days' [DAYS] notice of intent to transfer under regulations adopted by the 30
department. Not [COMMISSION. NO] sooner than 60 days nor later than 12 months 31
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from the date of notice to the department [COMMISSION], the holder of an entry 1
permit may transfer the permit. If the proposed transferee, other than the department 2
[COMMISSION], can demonstrate the present ability to participate actively in the 3
fishery and the transfer does not violate any provision of this chapter or regulations 4
adopted under this chapter, and if a certificate for the permit under AS 16.10.333(b)(1) 5
- (2), 16.10.338, or AS 44.81.231(a) is not in effect, the department [COMMISSION] 6
shall approve the transfer and reissue the entry permit to the transferee if [PROVIDED 7
THAT] neither party is prohibited by law from participating in the transfer. 8
* Sec. 32. AS 16.43.170(g) is amended to read: 9
(g) A person may request the department [COMMISSION] to transfer an 10
entry permit due to an execution on a permit holder's interest in that permit if the 11
execution is to enforce a lien recorded with the department [COMMISSION] under 12
AS 25.27.230(c). The request shall be made in the form and manner provided in this 13
chapter and regulations adopted under this chapter. The department [COMMISSION] 14
may deny a request for transfer of an entry permit due to an execution of a holder's 15
interest in that permit if 16
(1) the execution does not comply with legal requirements or otherwise 17
is not valid; 18
(2) the transfer violates this chapter or regulations adopted under this 19
chapter; 20
(3) the proposed transferee or other party to the transfer is prohibited 21
by law from participating in the transaction; 22
(4) a certificate for the permit under AS 16.10.333(b)(1) - (2), 23
16.10.338, or AS 44.81.231(a) is in effect at the time of the proposed transfer; 24
(5) the proposed transferee of the entry permit, other than the 25
department [COMMISSION], cannot demonstrate the present ability to actively 26
participate in the fishery; or 27
(6) the holder of the entry permit as shown by the records of the 28
department [COMMISSION] demonstrates, under regulations adopted by the 29
department [COMMISSION], that the entry permit is a necessary means of support 30
for the holder and those dependent on [UPON] the holder. 31
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* Sec. 33. AS 16.43.170(h) is amended to read: 1
(h) Notwithstanding (g) of this section, the department [COMMISSION] 2
may not approve a request for transfer of an entry permit after an execution sale unless 3
the parties to the transfer offer the department [COMMISSION] a right to purchase 4
the permit at the same price and on the same terms as those of that execution sale. If 5
the department [COMMISSION] exercises its right to purchase the permit, the permit 6
then shall be transferred to the department [COMMISSION]. 7
* Sec. 34. AS 16.43.180 is amended to read: 8
Sec. 16.43.180. Emergency transfers. (a) The department [COMMISSION] 9
shall adopt regulations providing for the temporary emergency transfer of entry 10
permits and interim-use permits when illness, disability, death, required military or 11
government service, or other unavoidable hardship prevents the permit holder from 12
participating in the fishery. To alleviate hardship pending a final determination of the 13
permit holder's eligibility for an entry permit, the department [COMMISSION] shall 14
adopt regulations providing for the temporary emergency transfer of an interim-use 15
permit issued under AS 16.43.210(b) or 16.43.225. 16
(b) The department [COMMISSION] shall adopt regulations providing for 17
the temporary transfer of an entry permit upon the death of the permittee pending final 18
disposition of the permit as a part of the permittee's estate. 19
* Sec. 35. AS 16.43.200 is amended to read: 20
Sec. 16.43.200. Administrative areas. (a) The department [COMMISSION] 21
shall establish administrative areas suitable for regulating and controlling entry into 22
the commercial fisheries. The department [COMMISSION] shall make the 23
administrative areas reasonably compatible with the geographic areas for which 24
specific commercial fishing regulations are adopted by the Board of Fisheries. 25
(b) The department [COMMISSION] may modify or change the boundaries 26
of administrative areas when necessary and consistent with the purposes of this 27
chapter. 28
* Sec. 36. AS 16.43.210(a) is amended to read: 29
(a) For each fishery that is not subject to a maximum number of entry permits 30
under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the 31
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department [COMMISSION] shall issue interim-use permits under regulations 1
adopted by the department [COMMISSION] to all applicants who can establish their 2
present ability to participate actively in the fishery for which they are making 3
application. 4
* Sec. 37. AS 16.43.210(b) is amended to read: 5
(b) Before the issuance of the maximum number of entry permits for a given 6
fishery, the department [COMMISSION] may issue an interim-use permit to an 7
applicant who may later become eligible for an entry permit under AS 16.43.270. 8
* Sec. 38. AS 16.43.210(c) is amended to read: 9
(c) The [TO THE EXTENT THAT THE] commissioner [OF FISH AND 10
GAME AUTHORIZES IT UNDER AS 16.05.050(a)(9), THE COMMISSION] may 11
grant an interim-use permit under AS 16.05.050(a)(9) to a person to engage in the 12
commercial taking from a fishery on an experimental basis. 13
* Sec. 39. AS 16.43.220(a) is amended to read: 14
(a) The department [COMMISSION] shall adopt regulations specifying the 15
dates and places of application, the procedures to be followed in renewal of the 16
interim-use permit including the time, place of its renewal, and for any other purpose 17
incident to the administration of interim-use permits for that fishery. An interim-use 18
permit shall expire upon the final determination of the holder's eligibility for an entry 19
permit. 20
* Sec. 40. AS 16.43.225 is amended to read: 21
Sec. 16.43.225. Moratorium on new entrants into certain fisheries. (a) 22
Subject to (b) of this section, the department [COMMISSION] may establish a 23
moratorium on new entrants into a fishery 24
(1) that has experienced recent increases in fishing effort that are 25
beyond a low, sporadic level of effort; 26
(2) that has achieved a level of harvest that may be approaching or 27
exceeding the maximum sustainable level for the fishery; and 28
(3) for which there is insufficient biological and resource management 29
information necessary to promote the conservation and sustained yield management of 30
the fishery. 31
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(b) The department [COMMISSION] may establish a moratorium on new 1
entrants into a fishery described in (a) of this section if 2
(1) the commissioner [OF FISH AND GAME], subject to 3
AS 16.05.251(g), imposes [PETITIONS THE COMMISSION UNDER AS 44.62.220 4
TO ESTABLISH] a moratorium on new entrants into the fishery; and 5
(2) the department [COMMISSION] finds that 6
(A) the fishery has reached a level of participation that may 7
threaten the conservation and the sustained yield management of the fishery 8
resource and the economic health and stability of commercial fishing; and 9
(B) the department [COMMISSION] has insufficient 10
information to conclude that the establishment of a maximum number of entry 11
permits under AS 16.43.240 would further the purposes of this chapter. 12
(c) The department [COMMISSION] may establish a moratorium under this 13
section for a continuous period of up to four years. A fishery that has been subject to a 14
moratorium under this section may not be subjected to a subsequent moratorium under 15
this section unless five years have elapsed since the previous moratorium expired. 16
(d) While a moratorium is in effect, the department [COMMISSION] shall 17
conduct investigations to determine whether a maximum number of entry permits 18
should be established under AS 16.43.240 by 19
(1) conducting research into conditions in the fishery; 20
(2) consulting with the [DEPARTMENT OF FISH AND GAME AND 21
THE] Board of Fisheries; and 22
(3) consulting with participants in the fishery. 23
(e) The department [COMMISSION] shall establish by regulation the 24
qualifications for applicants for an interim-use permit for a fishery subject to a 25
moratorium under this section. The qualifications must include the minimum 26
requirements for past or present participation and harvest in the fishery. The 27
department [COMMISSION] may not issue an interim-use permit for a fishery 28
subject to a moratorium under this section unless the applicant can satisfy the 29
qualifications established under this subsection and establish the present ability and 30
intent to participate actively in the fishery. 31
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* Sec. 41. AS 16.43.227(a) is amended to read: 1
(a) The department [COMMISSION] may establish a moratorium on new 2
entrants into the southeast Alaska Dungeness crab fishery for a continuous period of 3
up to four years without complying with AS 16.43.225(a) - (c). While the moratorium 4
is in effect, the department [COMMISSION] shall 5
(1) conduct the investigation required under AS 16.43.225(d); 6
(2) establish by regulation the qualifications for an interim-use permit 7
for the fishery, including minimum requirements for past or present participation and 8
harvest in the fishery; and 9
(3) issue interim-use permits for the fishery to applicants who satisfy 10
the qualifications established under (2) of this subsection and who establish the 11
present ability and intent to participate actively in the fishery. 12
* Sec. 42. AS 16.43.228(g) is amended to read: 13
(g) The department [COMMISSION] may not consider participation in a 14
fishery, subject to a moratorium on entry under this section, that occurs during the 15
period of the moratorium in determining eligibility for an entry permit that may be 16
issued for the fishery after termination of the moratorium. 17
* Sec. 43. AS 16.43.230 is amended to read: 18
Sec. 16.43.230. Designation of distressed fisheries. Pending the 19
determination of maximum numbers of entry permits under AS 16.43.240 and before 20
the initial issue of entry permits under AS 16.43.270, the department 21
[COMMISSION] shall designate as distressed fisheries those for which it estimates 22
that the optimum number of entry permits will be less than the highest number of units 23
of gear fished in that fishery during any one of the four years immediately preceding 24
January 1, 1973. 25
* Sec. 44. AS 16.43.240(b) is amended to read: 26
(b) When the department [COMMISSION] finds that a fishery, not 27
designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium 28
under AS 16.43.225, has reached levels of participation that require the limitation of 29
entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, 30
the department [COMMISSION] shall establish the maximum number of entry 31
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permits for that fishery. 1
* Sec. 45. AS 16.43.240(c) is amended to read: 2
(c) When the department [COMMISSION] finds that a fishery subject to a 3
moratorium under AS 16.43.225 has reached levels of participation that require the 4
limitation of entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of 5
this chapter, the department [COMMISSION] shall establish the maximum number 6
of entry permits for that fishery. 7
* Sec. 46. AS 16.43.250 is amended to read: 8
Sec. 16.43.250. Standards for initial issue of entry permits. (a) Following 9
the establishment of the maximum number of units of gear for a particular fishery 10
under AS 16.43.240, the department [COMMISSION] shall adopt regulations 11
establishing qualifications for ranking applicants for entry permits according to the 12
degree of hardship that they would suffer by exclusion from the fishery. The 13
regulations shall define priority classifications of similarly situated applicants based 14
on [UPON] a reasonable balance of the following hardship standards: 15
(1) degree of economic dependence on [UPON] the fishery, including, 16
when reasonable for the fishery, the percentage of income derived from the fishery, 17
reliance on alternative occupations, availability of alternative occupations, and 18
investment in vessels and gear; 19
(2) extent of past participation in the fishery, including, when 20
reasonable for the fishery, the number of years of participation in the fishery, and the 21
consistency of participation during each year. 22
(b) The department [COMMISSION] shall designate in the regulations those 23
priority classifications of applicants who would suffer significant economic hardship 24
by exclusion from the fishery. 25
(c) The department [COMMISSION] shall designate in the regulations those 26
priority classifications of applicants who would suffer only minor economic hardship 27
by exclusion from the fishery. 28
(d) If an individual eligible to apply under AS 16.43.260(a) has applied during 29
application periods established under AS 16.43.260(b) for two or more entry permits 30
under AS 16.43.260(d) or (e) for the same specific fishery resource and the same 31
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specific type of gear in different administrative areas, but has failed to qualify for an 1
entry permit for that type of fishery resource and gear, the individual's cumulative 2
qualifications may be credited to the fishery for which the individual is most qualified. 3
The department [COMMISSION] shall issue an entry permit to the individual for the 4
fishery if the individual's cumulative qualifications result in placing the individual in a 5
category designated in (b) of this section. The qualifications credited to a fishery under 6
this subsection may not be considered for the purpose of ranking the applicant under 7
(a)-(c) of this section for any other fishery. The department [COMMISSION] may 8
not revoke any permit previously issued notwithstanding the issuance of permits in 9
excess of the maximum number established under AS 16.43.230 - 16.43.240 as a 10
result of this subsection. In this subsection, "fishery" includes all salmon fisheries of 11
the state for which a maximum number of entry permits has been established by the 12
department [COMMISSION] under AS 16.43.240(b). 13
(e) If the cumulative qualifications of an individual under (d) of this section 14
include points granted by the department [COMMISSION] under (a) of this section 15
for more than one fishery and the number of points required to place an applicant in 16
the priority classification under (b) of this section is not the same for each of the 17
fisheries, the department [COMMISSION] shall obtain a quotient for the individual 18
by dividing the number of points the individual has been granted for each fishery by 19
the number of points needed to place an applicant in a priority classification under (b) 20
of this section for that fishery. If the sum of the quotients obtained under this 21
subsection equals or exceeds 1.00, the individual is entitled to a permit under (d) of 22
this section. 23
* Sec. 47. AS 16.43.260(a) is amended to read: 24
(a) The department [COMMISSION] shall accept applications for entry 25
permits only from applicants who have harvested fishery resources commercially 26
while participating in the fishery as holders of gear licenses issued under former 27
AS 16.05.536 - 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 28
before the qualification date established in (d), (e), or (f) of this section. The 29
department [COMMISSION] may specify by regulation the calendar years of 30
participation that will be considered for eligibility purposes. 31
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* Sec. 48. AS 16.43.260(b) is amended to read: 1
(b) The department [COMMISSION] shall establish the opening and closing 2
dates, places, and form of application for entry permits for each fishery. The 3
department [COMMISSION] may require the submission of specific verified 4
evidence establishing the applicant's qualifications under the regulations adopted 5
under AS 16.43.250. 6
* Sec. 49. AS 16.43.260(c) is amended to read: 7
(c) When an applicant is unable to establish qualifications for an entry permit 8
by submitting the specific verified evidence required in the application by the 9
department [COMMISSION], the applicant may request and obtain an administrative 10
adjudication of the application according to the procedures established in 11
AS 16.43.110(b). At the hearing the applicant may present alternative evidence of 12
qualifications for an entry permit. 13
* Sec. 50. AS 16.43.260(e) is amended to read: 14
(e) Except as provided in (f) of this section, when the department 15
[COMMISSION] establishes the maximum number of entry permits for a particular 16
fishery under AS 16.43.240 [AFTER JANUARY 1, 1975], an applicant shall be 17
assigned to a priority classification based solely on [UPON] the applicant's 18
qualifications as of January 1 of the year during which the department 19
[COMMISSION] establishes the maximum number of entry permits for the fishery for 20
which application is made. 21
* Sec. 51. AS 16.43.260(f) is amended to read: 22
(f) When the department [COMMISSION] establishes the maximum number 23
of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under 24
AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a 25
priority classification based solely on [UPON] the applicant's qualifications as of the 26
effective date of the statute or regulation establishing the moratorium. 27
* Sec. 52. AS 16.43.270(a) is amended to read: 28
(a) The department [COMMISSION] shall issue entry permits, for each 29
fishery, first to all qualified applicants in the priority classifications designated under 30
AS 16.43.250(b) and then to qualified applicants in order of descending priority 31
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classification, until the number of entry permits issued equals the maximum number of 1
entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except 2
that a person within a priority classification specified under AS 16.43.250(b) may not 3
be denied an entry permit. 4
* Sec. 53. AS 16.43.270(b) is amended to read: 5
(b) If, within the lowest priority classification of qualified applicants to which 6
some entry permits may be issued, there are more applicants than there are entry 7
permits to be issued, then the allocation of entry permits within that priority 8
classification shall be by lottery. However, the department [COMMISSION] shall 9
issue entry permits to all qualified applicants in that priority classification if the total 10
number of permits issued for the fishery does not exceed the maximum number of 11
entry permits established under AS 16.43.240 for that fishery by more than five 12
percent or 10 permits, whichever is greater. 13
* Sec. 54. AS 16.43.270(d) is amended to read: 14
(d) The department [COMMISSION] may restrict the fishing capacity 15
employed under an entry permit if, before the initial issuance of entry permits for a 16
fishery, the department [COMMISSION] determines that the fishing capacity in the 17
fishery must be limited to achieve the purposes of this chapter, establishes criteria for 18
determining the fishing capacity that is allowed under an entry permit, and establishes 19
how fishing capacity will be measured. The maximum fishing capacity allowed under 20
an entry permit must be based on [UPON] past participation in the fishery by the 21
initial recipient of the entry permit during a period, specified by the department 22
[COMMISSION], preceding the qualification date established under AS 16.43.260. 23
The department [COMMISSION] may define fishing capacity in terms of quantity of 24
fishing gear, a proportion of the maximum amount of gear that can be utilized in the 25
fishery under regulations of the Board of Fisheries, fishing vessel size or other 26
characteristics, or other factors determined by the department [COMMISSION] to 27
affect the amount of fishing effort in the fishery. The recipient or transferee of an entry 28
permit issued subject to this subsection may not exceed the fishing capacity allowed 29
under the entry permit. 30
* Sec. 55. AS 16.43.290 is amended to read: 31
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Sec. 16.43.290. Optimum number of entry permits. Following the issuance 1
of entry permits under AS 16.43.270, the department [COMMISSION] shall 2
establish the optimum number of entry permits for each fishery based on [UPON] a 3
reasonable balance of the following general standards: 4
(1) the number of entry permits sufficient to maintain an economically 5
healthy fishery that will result in a reasonable average rate of economic return to the 6
fishermen participating in that fishery, considering time fished and necessary 7
investments in vessels and gear; 8
(2) the number of entry permits necessary to harvest the allowable 9
commercial take of the fishery resource during all years in an orderly, efficient 10
manner, and consistent with sound fishery management techniques; 11
(3) the number of entry permits sufficient to avoid serious economic 12
hardship to those currently engaged in the fishery, considering other economic 13
opportunities reasonably available to them. 14
* Sec. 56. AS 16.43.300 is amended to read: 15
Sec. 16.43.300. Revisions of optimum number of entry permits. (a) The 16
department [COMMISSION] may increase or decrease the optimum number of entry 17
permits for a fishery when one or more of the following conditions makes a change 18
desirable considering the purposes of this chapter: 19
(1) an established long-term change in the biological condition of the 20
fishery has occurred that substantially alters the optimum number of entry permits 21
permissible applying the standards set out in AS 16.43.290; 22
(2) an established long-term change in market conditions has occurred, 23
directly affecting the fishery, that substantially alters the optimum number of entry 24
permits permissible under the standards set out in AS 16.43.290. 25
(b) If the department [COMMISSION] decreases the optimum number of 26
entry permits for a fishery, the number of entry permits may be reduced only under the 27
voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320. 28
* Sec. 57. AS 16.43.310 is amended to read: 29
Sec. 16.43.310. Establishment of buy-back funds and permit buy-back 30
assessments. (a) When the optimum number of entry permits is less than the number 31
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of entry permits outstanding in a fishery, the department [COMMISSION] may 1
establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery. 2
(b) The department [COMMISSION] may establish by regulation a permit 3
buy-back assessment for each fishery for which the department [COMMISSION] has 4
established a buy-back fund under (a) of this section. The amount of the assessment 5
may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a 6
permit holder in the fishery subject to the assessment removes from the state or 7
transfers to a buyer in the state. The Department of Revenue shall collect an 8
assessment established under this subsection. 9
(c) The department [COMMISSION] shall expend money appropriated to a 10
buy-back fund for the purpose of reducing the number of entry permits in the fishery 11
to the optimum number, at a rate to be established by the department 12
[COMMISSION]. The legislature may appropriate interest accrued on the money in a 13
buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated 14
to a buy-back fund does not lapse. 15
* Sec. 58. AS 16.43.320 is amended to read: 16
Sec. 16.43.320. Administration of the buy-back program. The department 17
[COMMISSION] shall adopt regulations providing for the purchase of transferable 18
entry permits with money in the buy-back fund for each fishery. The department 19
[COMMISSION] shall cease purchases of entry permits in a fishery when the number 20
of entry permits in the fishery has been reduced to the optimum number. The 21
department [COMMISSION] shall terminate a buy-back assessment established for a 22
fishery under AS 16.43.310(b) when the department [COMMISSION] determines 23
that the amount of revenue collected through the assessment is sufficient to purchase 24
the number of entry permits necessary to achieve the optimum number of entry 25
permits in the fishery and to offset the reasonable costs of the buy-back program for 26
the fishery, including repayment of any debt the department [COMMISSION] was 27
authorized to incur to capitalize the buy-back fund for the fishery. The unexpended 28
balance of appropriations made to a buy-back fund for a fishery shall lapse back into 29
the fund from which the money was appropriated at the end of the fiscal year in which 30
the buy-back program is terminated. 31
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* Sec. 59. AS 16.43.330(a) is amended to read: 1
(a) When the number of outstanding entry permits for a fishery is less than the 2
optimum number established under AS 16.43.290, the department [COMMISSION] 3
shall issue new entry permits to applicants who are presently able to engage actively in 4
the fishery until the optimum number is reached. 5
* Sec. 60. AS 16.43.330(b) is amended to read: 6
(b) The department [COMMISSION] shall determine equitable methods of 7
issuance, as appropriate, under (a) of this section that assure the receipt of fair market 8
value for the permits issued. 9
* Sec. 61. AS 16.43.340(a) is amended to read: 10
(a) In addition to entry permits and interim-use permits, the department 11
[COMMISSION] may issue educational entry permits to public, private, or 12
denominational educational institutions accredited by the Department of Education 13
and Early Development or accredited institutions, career, or vocational programs 14
approved by the Alaska Commission on Postsecondary Education, or full-time 15
nonprofit residential child care facilities licensed by the Department of Health, 16
division of social services, if 17
(1) the program is offered to students at the junior high school level or 18
above; 19
(2) the issuance of an educational entry permit is reasonably necessary 20
to the instruction of students under courses offered by the applicant for the educational 21
entry permit; 22
(3) the program is offered by an institution that is located in the state 23
and has been in operation for at least two years; and 24
(4) the institution offering the program is not a correspondence 25
institution. 26
* Sec. 62. AS 16.43.340(c) is amended to read: 27
(c) The department [COMMISSION] may issue educational entry permits 28
notwithstanding the establishment of maximum or optimum numbers under 29
AS 16.43.240 and 16.43.290. 30
* Sec. 63. AS 16.43.351(b) is amended to read: 31
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(b) A recipient may be issued an educational entry permit valid for designated 1
fisheries in the administrative area the department [COMMISSION] determines to be 2
appropriate, considering the nature of the educational program and the location of the 3
educational or vocational institution. The recipient of an educational entry permit may 4
not be issued an educational entry permit in more than one administrative area except 5
as issued by the department [COMMISSION] in its discretion upon good cause 6
shown. 7
* Sec. 64. AS 16.43.351(d) is amended to read: 8
(d) Annual fees for educational entry permits shall be as specified by 9
department [COMMISSION] regulation under the authority of AS 16.43.160. 10
* Sec. 65. AS 16.43.371 is amended to read: 11
Sec. 16.43.371. Accounting of harvest. The recipient of an educational entry 12
permit shall report to the department [COMMISSION] costs and earnings, amount of 13
harvest, and other information the department [COMMISSION] requires to monitor 14
training programs of recipients of educational entry permits. 15
* Sec. 66. AS 16.43.381(b) is amended to read: 16
(b) The department [COMMISSION] shall adopt regulations relating to the 17
issuance of educational entry permits, establishing eligibility criteria for recipients of 18
the permits, and [SUCH] other matters as are reasonably necessary to implement 19
AS 16.43.340 - 16.43.390. 20
* Sec. 67. AS 16.43.400 is amended to read: 21
Sec. 16.43.400. Special harvest area entry permits. (a) In addition to entry 22
permits, interim-use permits, and educational permits, the department 23
[COMMISSION] may issue special harvest area entry permits to 24
(1) holders of private, nonprofit hatchery permits issued [BY THE 25
DEPARTMENT OF FISH AND GAME] under AS 16.10.400 - 16.10.475 for salmon; 26
and 27
(2) nonprofit organizations holding a permit under AS 16.12 for a 28
shellfish enhancement project. 29
(b) The department [COMMISSION] may issue special harvest area entry 30
permits notwithstanding the establishment of maximum or optimum numbers under 31
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AS 16.43.240 and 16.43.290. 1
* Sec. 68. AS 16.43.410(b) is amended to read: 2
(b) A special harvest area entry permit may only be issued for the applicable 3
area designated by the department [DEPARTMENT OF FISH AND GAME] as a 4
special harvest area. 5
* Sec. 69. AS 16.43.410(c) is amended to read: 6
(c) The annual fee for a special harvest area entry permit shall be specified by 7
department [COMMISSION] regulation under the authority of AS 16.43.160. 8
* Sec. 70. AS 16.43.440(b) is amended to read: 9
(b) The department [COMMISSION, AFTER CONSULTATION WITH 10
THE DEPARTMENT OF FISH AND GAME,] shall adopt regulations that are 11
reasonably necessary to implement AS 16.43.400 - 16.43.440. 12
* Sec. 71. AS 16.43.850(a) is amended to read: 13
(a) For the purpose of identifying frequent violators of commercial fishing 14
laws in salmon fisheries, the department [COMMISSION] shall adopt regulations 15
establishing a uniform system for the suspension of commercial salmon fishing 16
privileges by assigning demerit points for convictions for violations of commercial 17
fishing laws in salmon fisheries that are reported to the department [COMMISSION] 18
under AS 16.43.880. The department [COMMISSION] shall assess demerit points 19
against a permit holder for each violation of commercial fishing laws in a salmon 20
fishery in accordance with (b) and (c) of this section. The department 21
[COMMISSION] shall assess points against a permit holder for the salmon fishery in 22
which the violation of commercial fishing laws occurred. 23
* Sec. 72. AS 16.43.850(b) is amended to read: 24
(b) The department [COMMISSION] shall assess demerit points against a 25
permit holder for a conviction of a violation of commercial fishing laws in a salmon 26
fishery under AS 16.05.722, 16.05.723, 16.05.831; AS 16.10.055, 16.10.070 - 27
16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200 - 16.10.220, and 16.10.760 - 28
16.10.790 for the following violations in accordance with this schedule: 29
(1) fishing in closed waters ................................................... 6 points; 30
(2) fishing during closed season or period ............................ 6 points; 31
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(3) fishing with more than the legal amount of gear ............. 4 points; 1
(4) fishing with gear not allowed in fishery .......................... 6 points; 2
(5) fishing before expiration of transfer period ..................... 6 points; 3
(6) interfering with commercial fishing gear ........................ 4 points; 4
(7) fishing with more than the legal amount of gear on vessel 4 points; 5
(8) improper operation of fishing gear .................................. 4 points; 6
(9) permit holder not present when required ......................... 4 points; 7
(10) fishing with underlength or overlength vessel ............... 6 points; 8
(11) wanton waste of fishery resources ................................. 4 points. 9
* Sec. 73. AS 16.43.850(d) is amended to read: 10
(d) The department [COMMISSION] shall suspend a permit holder's 11
commercial salmon fishing privileges for a salmon fishery for a period of 12
(1) one year if the permit holder accumulates 12 or more points during 13
any consecutive 36-month period as a result of convictions for violations of 14
commercial fishing laws in the salmon fishery; 15
(2) two years if the permit holder accumulates 16 or more points 16
during any consecutive 36-month period as a result of convictions for violations of 17
commercial fishing laws in the salmon fishery; 18
(3) three years if the permit holder accumulates 18 or more points 19
during any consecutive 36-month period as a result of convictions for violations of 20
commercial fishing laws in the salmon fishery. 21
* Sec. 74. AS 16.43.855(c) is amended to read: 22
(c) The assessment of points against a permit holder by the department 23
[COMMISSION] under AS 16.43.850 - 16.43.895 is in addition to, and not in 24
substitution for, other provisions of this title and is not a substitute for any penalty 25
imposed by a court. 26
* Sec. 75. AS 16.43.855(d) is amended to read: 27
(d) If points are assessed against a permit holder who holds a commercial 28
fishing permit for a salmon fishery under an emergency transfer approved by the 29
department [COMMISSION] under AS 16.43.180, the same number of points shall 30
also be assessed against the transferor of the permit. Points assessed against the 31
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transferor of the permit under this subsection shall be included in calculations made 1
under AS 16.43.850(d). 2
* Sec. 76. AS 16.43.860(a) is amended to read: 3
(a) A permit holder whose commercial salmon fishing privileges for a salmon 4
fishery are suspended under AS 16.43.850 - 16.43.895 may not obtain an entry permit 5
or interim-use permit for that salmon fishery during the period of the suspension of the 6
privileges. During the period for which the permit holder's privilege to obtain an entry 7
permit or interim-use permit for a salmon fishery is suspended under this section, the 8
department [COMMISSION] may not issue a permit card to the permit holder for 9
that fishery. 10
* Sec. 77. AS 16.43.860(c) is amended to read: 11
(c) If, during the period for which a permit holder's commercial fishing 12
privileges for a salmon fishery are suspended, the department [COMMISSION] 13
establishes a limited entry system for the salmon fishery, the permit holder shall be 14
eligible to obtain an entry permit for that fishery to the extent that the permit holder 15
qualifies for the entry permit under regulations adopted by the department 16
[COMMISSION]. If the permit holder qualifies for an entry permit for the fishery, the 17
department [COMMISSION] shall withhold issuance of the entry permit until the 18
period of the suspension imposed under AS 16.43.850 - 16.43.895 has expired. 19
* Sec. 78. AS 16.43.860(d) is amended to read: 20
(d) The department [COMMISSION] may not transfer a commercial fishing 21
permit for a salmon fishery under an emergency transfer under AS 16.43.180 if, at the 22
time of the application for the emergency transfer, the permit holder's commercial 23
salmon fishing privileges for the salmon fishery have been suspended. 24
* Sec. 79. AS 16.43.870 is amended to read: 25
Sec. 16.43.870. Notice and appeal. The department [COMMISSION] shall 26
provide notice of determinations of the department [COMMISSION] under 27
AS 16.43.850 - 16.43.895. Respondents may request a hearing under regulations 28
adopted by the department [COMMISSION] under AS 16.43.110. 29
* Sec. 80. AS 16.43.880(a) is amended to read: 30
(a) A court that convicts a person of a violation of commercial fishing laws 31
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under this title or under a regulation adopted under this title in a salmon fishery shall 1
forward a record of the conviction to the department [COMMISSION] on a weekly 2
basis. 3
* Sec. 81. AS 16.43.955 is amended to read: 4
Sec. 16.43.955. Hearings in proximity to Board of Fisheries meetings. 5
When practicable, a department [COMMISSION] hearing that deals with the subject 6
of limiting entry to a fishery shall be held on the same dates on which, and in the same 7
building or in a building adjacent to the building in which, a Board of Fisheries 8
meeting is being held. 9
* Sec. 82. AS 16.43.960(a) is amended to read: 10
(a) The department [COMMISSION] may revoke, suspend, or transfer all 11
entry or interim-use permits held by a person who knowingly provides or assists in 12
providing false information, or fails to correct false information provided to the 13
department [COMMISSION] for the purpose of obtaining a benefit for self or 14
another, including the issuance, renewal, duplication, or transfer of an entry or 15
interim-use permit, or vessel license. The department [COMMISSION] may suspend 16
that person's eligibility to hold an entry or interim-use permit for a period not to 17
exceed three years, and may impose an administrative fine of not more than $5,000 on 18
the person. The department [COMMISSION] may also impose an administrative fine 19
of not more than $5,000 on an entity whose officers, employees, representatives, or 20
agents knowingly provide or assist in providing false information, or fail to correct 21
false information provided, to the department [COMMISSION] for the purpose of 22
obtaining a benefit. 23
* Sec. 83. AS 16.43.960(b) is amended to read: 24
(b) The department [COMMISSION] shall serve the respondent personally 25
or by certified or registered mail with a notice to show cause why the proposed action 26
should not take place. The notice to show cause must 27
(1) be supported by an affidavit, which may be made on information or 28
belief, setting out the facts that are the basis of the proposed actions; 29
(2) provide for a least 30 days' notice of the place, date, and time of the 30
hearing where the respondent may present evidence in opposition to the proposed 31
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action; unless waived in writing by the respondent, the hearing shall be held within the 1
judicial district in which the respondent resides if the respondent resides in the state; 2
the hearing place shall be at the discretion of the department [COMMISSION] for 3
those respondents residing outside the state; 4
(3) specify the statutes or regulations violated; 5
(4) state with particularity the action proposed to be taken; 6
(5) indicate to the respondent that the respondent's ability to 7
permanently transfer the permits that are the subject of the show cause proceedings 8
has been suspended as of the date of the notice and will continue to be suspended until 9
the exhaustion of all administrative and judicial remedies; and 10
(6) provide other information the department [COMMISSION] 11
considers proper. 12
* Sec. 84. AS 16.43.960(d) is amended to read: 13
(d) A [EXCEPT WHEN THERE IS A VACANCY AS PROVIDED IN 14
AS 16.43.030(c), THE] show cause hearing shall be [CONDUCTED BEFORE A 15
QUORUM OF COMMISSIONERS AND SHALL BE] presided over by a hearing 16
officer appointed by the office of administrative hearings [COMMISSION] who 17
shall rule on the presentation of evidence and other procedural matters. Hearings shall 18
be conducted in accordance with regulations adopted under AS 16.43.110(b). 19
* Sec. 85. AS 16.43.960(e) is amended to read: 20
(e) The failure of a respondent properly served under (b) of this section to 21
appear at the hearing is not grounds for setting aside any [COMMISSION] action 22
taken by the office of administrative hearings. However, the office of 23
administrative hearings [COMMISSION] may in its discretion order a continuance 24
or second hearing. 25
* Sec. 86. AS 16.43.960(g) is amended to read: 26
(g) The provisions of this section [APPLY TO CONDUCT OCCURRING 27
AFTER JANUARY 1, 1973, BUT] do not affect a permit held by a person who is a 28
bona fide purchaser. Failure to correct false information is a continuing offense. 29
* Sec. 87. AS 16.43.960(h) is amended to read: 30
(h) Judicial review of [COMMISSION] determinations made by the 31
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department under this section is in accordance with AS 44.62.560 - 44.62.570; 1
however, if a hearing de novo is granted under AS 44.62.570(d), the hearing may, in 2
the discretion of the court, be had with a jury sitting if application for the jury hearing 3
is filed with the court not [NO] later than 10 days after service of the notice of appeal. 4
* Sec. 88. AS 16.43.960(i) is amended to read: 5
(i) An entry permit revoked by the department [COMMISSION] under this 6
section that is pledged as security for a loan under AS 16.10.333 or AS 44.81.231 shall 7
be reassigned or sold as provided in AS 16.10.337 or AS 44.81.250. 8
* Sec. 89. AS 16.43.960(j) is amended to read: 9
(j) The department [COMMISSION] shall immediately cancel a limited 10
entry permit card issued to a debtor under a loan made under AS 16.10.300 - 11
16.10.370 when the department [COMMISSION] receives a certificate of loan 12
termination containing a copy of the 13
(1) notice required by AS 16.10.335(a); or 14
(2) notice that, if the debtor has filed bankruptcy, the automatic stay 15
issued is no longer in effect and the debtor has not reaffirmed the debt. 16
* Sec. 90. AS 16.43.970(a) is amended to read: 17
(a) A person who violates a provision of this chapter or a regulation adopted 18
under this chapter is, upon conviction, guilty of a class B misdemeanor and is 19
punishable by a fine of not more than $5,000 for a first conviction, and a fine of not 20
more than $10,000 for a second or third conviction. Upon a first or second conviction 21
under this subsection, the court may in its discretion also order the department 22
[COMMISSION] to suspend the commercial fishing privileges of the person for a 23
period of not more than three years and to revoke one or more or all commercial 24
fishing permits held by the person. Upon a third or subsequent conviction under this 25
subsection, the person is also subject to a loss of commercial fishing privileges as 26
provided under (i) of this section. This subsection does not apply to violations of 27
AS 16.43.140(a). 28
* Sec. 91. AS 16.43.970(b) is amended to read: 29
(b) A person who knowingly makes a false statement to the department 30
[COMMISSION] for the purpose of obtaining a benefit, including the issuance, 31
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renewal, duplication, or transfer of an entry or interim-use permit or vessel license or a 1
person who assists another by knowingly making a false statement to the department 2
[COMMISSION] for the purpose of obtaining a benefit for another, is guilty of the 3
crime of unsworn falsification in the second degree as set out in AS 11.56.210. Upon 4
conviction, the person is also subject to suspension of commercial fishing privileges 5
and revocation of commercial fishing permits under (i) of this section. 6
* Sec. 92. AS 16.43.970(e) is amended to read: 7
(e) Notwithstanding any other provision of this section, an interim-use or entry 8
permit may not be transferred while under suspension, without the consent of the 9
department [COMMISSION]. 10
* Sec. 93. AS 16.43.970(i) is amended to read: 11
(i) Upon the conviction of a person for an offense described under (a), (b), or 12
(g) of this section, the court shall immediately notify the department 13
[COMMISSION] of the conviction. The notice provided by the court shall be 14
accompanied by an order suspending commercial fishing privileges and revoking 15
commercial fishing permits under (a) of this section, as appropriate. The department 16
[COMMISSION] shall, upon receipt of 17
(1) an order from the court under (a) of this section, suspend the 18
commercial fishing privileges of a person for the period set by the court and revoke 19
commercial fishing permits held by the person as directed by the court; 20
(2) a notice from the court that a person has been convicted of a third 21
or subsequent violation of (a) of this section, suspend all commercial fishing privileges 22
of the person for a period of three years from the date of conviction and revoke all 23
commercial fishing permits held by the person; 24
(3) a notice from the court that a person has been convicted of a 25
violation described under (b) of this section, suspend all commercial fishing privileges 26
of the person for a period of three years from the date of conviction and revoke all 27
commercial fishing permits held by the person; 28
(4) a notice from the court that a person has been convicted of a 29
violation described under (g)(1) of this section, suspend all commercial fishing 30
privileges of the person for a period of one year from the date of conviction; 31
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(5) a notice from the court that a person has been convicted of a 1
violation described under (g)(2) of this section, suspend all commercial fishing 2
privileges of the person for a period of two years from the date of conviction; 3
(6) a notice from the court that a person has been convicted of a 4
violation described under (g)(3) of this section, suspend all commercial fishing 5
privileges of the person for a period of five years from the date of conviction. 6
* Sec. 94. AS 16.43.975 is amended to read: 7
Sec. 16.43.975. Public disclosure of certain documents prohibited. 8
Documents submitted to the department [COMMISSION] containing information 9
relating to an individual's personal finances and information supplied by individuals 10
for research purposes, produced in response to requests by the department 11
[COMMISSION], are not subject to public disclosure. 12
* Sec. 95. AS 16.43.980(a) is amended to read: 13
(a) The department [COMMISSION] shall prepare an annual report and 14
notify the legislature that it is available. The report must include but not be limited to 15
the following: 16
(1) a progress report on the reduction of entry permits to optimum 17
levels; 18
(2) recommendations for additional legislation relating to the 19
regulation of entry of participants and vessels into Alaska commercial fisheries. 20
* Sec. 96. AS 16.43.990 is amended by adding a new paragraph to read: 21
(12) "commissioner" means the commissioner of fish and game; 22
* Sec. 97. AS 16.43.990(4) is amended to read: 23
(4) "fishery" means the commercial taking of a specific fishery 24
resource in a specific administrative area with a specific type of gear; however, the 25
department [COMMISSION] may designate a fishery to include more than one 26
specific administrative area, gear type, or fishery resource; 27
* Sec. 98. AS 16.43.990 is amended by adding a new paragraph to read: 28
(12) "department" means the Department of Fish and Game unless 29
specifically provided otherwise. 30
* Sec. 99. AS 25.27.230(c) is amended to read: 31
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(c) The lien shall attach to all real and personal property of the obligor and be 1
effective on the date of recording of the lien with the recorder of the recording district 2
in which the property attached is located. A lien against earnings shall attach and be 3
effective upon filing with the recorder of the recording district in which the employer 4
does business or maintains an office or agent for the purpose of doing business. A lien 5
filed at an office [THE OFFICES] of the Department of Fish and Game 6
[COMMERCIAL FISHERIES ENTRY COMMISSION IN JUNEAU] against a 7
limited entry permit issued under AS 16.43 is considered to have been filed against the 8
permit in all recording districts in which the permit holder uses the permit. 9
* Sec. 100. AS 37.05.146(c)(28) is amended to read: 10
(28) Department of Fish and Game [ALASKA COMMERCIAL 11
FISHERIES ENTRY COMMISSION] under AS 16.05.490, 16.05.530, and AS 16.43; 12
* Sec. 101. AS 43.76.015(f) is amended to read: 13
(f) In this section, "eligible interim-use permit and entry permit holder" means 14
an individual who, 90 days before the date ballots must be postmarked to be counted 15
in an election under this section, is listed in the records of the Department of Fish 16
and Game [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] as the 17
legal owner of an interim-use permit or an entry permit that [WHICH] authorizes the 18
individual to fish commercially in an administrative area established [BY THE 19
ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] under 20
AS 16.43.200, which is included, in whole or in part, in the region in which the 21
election is held. 22
* Sec. 102. AS 43.76.160(g) is amended to read: 23
(g) In this section, "eligible interim-use permit and entry permit holder" means 24
an individual who, 90 days before the date ballots must be postmarked to be counted 25
in an election under this section, is listed in the records of the Department of Fish 26
and Game [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] as the 27
legal holder of an interim-use permit for dive gear or an entry permit for dive gear that 28
authorizes the individual to fish commercially in the administrative area for the 29
species of fishery resource for which the dive fishery management assessment is to be 30
approved, amended, or terminated. 31
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* Sec. 103. AS 43.76.210(1) is amended to read: 1
(1) "administrative area" means an area established by the 2
Department of Fish and Game [ALASKA COMMERCIAL FISHERIES ENTRY 3
COMMISSION] under AS 16.43.200 for regulating and controlling entry into 4
fisheries using dive gear; 5
* Sec. 104. AS 43.76.230(g) is amended to read: 6
(g) In this section, "eligible interim-use permit and entry permit holder" means 7
an individual who, 90 days before the date ballots must be postmarked to be counted 8
in an election under this section, is listed in the records of the Department of Fish 9
and Game [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] as the 10
legal holder of an interim-use permit for salmon fishing gear or an entry permit for 11
salmon fishing gear that authorizes the individual to fish commercially in the salmon 12
fishery for which the salmon fishery assessment is to be approved, amended, or 13
terminated. 14
* Sec. 105. AS 43.76.280(1) is amended to read: 15
(1) "administrative area" means an area established by the 16
Department of Fish and Game [ALASKA COMMERCIAL FISHERIES ENTRY 17
COMMISSION] under AS 16.43.200 for regulating and controlling entry into salmon 18
fisheries; 19
* Sec. 106. AS 43.76.300 is amended to read: 20
Sec. 43.76.300. Permit buy-back assessment. A person holding a limited 21
entry permit or interim-use permit under AS 16.43 for a fishery subject to a permit 22
buy-back assessment established by the Department of Fish and Game [ALASKA 23
COMMERCIAL FISHERIES ENTRY COMMISSION] under AS 16.43.310 shall pay 24
the permit buy-back assessment at the rate established by the Department of Fish and 25
Game [COMMISSION] on the value, as defined in AS 43.75.290, of fish that the 26
person removes from the state or transfers to a buyer in the state under the authority 27
conferred by the limited entry permit or interim-use permit. The buyer shall collect the 28
permit buy-back assessment at the time the fish is acquired by the buyer. 29
* Sec. 107. AS 43.76.370(i) is amended to read: 30
(i) In this section, "eligible interim-use permit and entry permit holder" means 31
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an individual who, 90 days before the date ballots must be postmarked to be counted 1
in an election under this section, is listed in the records of the Department of Fish 2
and Game [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] as the 3
legal owner of an interim-use permit or an entry permit that authorizes the individual 4
to operate commercial fishing gear in the fishery that is or will be subject to the 5
seafood development tax that is the subject of the election. 6
* Sec. 108. AS 44.64.030(a) is amended by adding a new paragraph to read: 7
(52) AS 16.43 (entry and participation in commercial fisheries by the 8
Department of Fish and Game). 9
* Sec. 109. AS 44.81.231(d) is amended to read: 10
(d) Upon payment of the loan, the bank shall certify to the Department of 11
Fish and Game [ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION] 12
that the loan has been repaid, and the Department of Fish and Game 13
[COMMISSION] shall amend the permit certificate to list the equitable owner as the 14
holder, and the legal interest of the bank shall terminate. 15
* Sec. 110. AS 44.81.241 is amended to read: 16
Sec. 44.81.241. Initial notice of default. If there is a default on a loan secured 17
by a permit pledged under AS 44.81.231, the bank shall notify the borrowers and 18
guarantors on the loan of the default and of the right to cure the default by sending a 19
notice by certified mail to their last known address or addresses on file with the bank. 20
The notice must include 21
(1) the date of the notice; 22
(2) a description of the security given for the loan, including the 23
number assigned by the Department of Fish and Game [COMMISSION] and the 24
name of the equitable owner of each permit pledged to secure the loan; 25
(3) the date and nature of the default; 26
(4) the amount of arrearages as of the date of the notice; 27
(5) the total indebtedness, including interest, penalties, and costs of 28
collection, remaining owing on the loan as of the date of the notice; 29
(6) the amount of daily interest to accrue from the date of the notice; 30
(7) a statement that the costs of collection of the loan incurred by the 31
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bank after the date of the notice will be added to the total amount of the indebtedness 1
owing on the loan; 2
(8) a statement that the default may be cured within 60 days from the 3
date of the notice or within an extended time period that is specified in an extension 4
notice provided by the bank within the 60-day period under AS 44.81.249; 5
(9) the place where payment of arrearages or other cure may be made; 6
and 7
(10) a statement in at least 10 point bold type stating: 8
"IMPORTANT: UNLESS YOU CURE THE LOAN DEFAULT 9
WITHIN THE TIME SPECIFIED BY THIS NOTICE, THE TOTAL 10
INDEBTEDNESS OWING ON THE LOAN SHALL BE IMMEDIATELY 11
DUE AND PAYABLE TO THE BANK WITHOUT FURTHER NOTICE TO 12
YOU. ALSO, THE BANK SHALL THEN BE ENTITLED TO TAKE ANY 13
LEGAL ACTION AGAINST YOU TO COLLECT THE LOAN, 14
INCLUDING THE INSTITUTION OF LAWSUITS AND THE 15
FORECLOSURE OF THE PLEDGE OF ANY PERMIT PLEDGED TO 16
SECURE THIS LOAN." 17
* Sec. 111. AS 44.81.245 is amended to read: 18
Sec. 44.81.245. Foreclosure. The bank may foreclose on a permit pledge that 19
secures a loan by sending to the equitable owner of the permit pledged and any other 20
borrowers and guarantors on the loan a notice of foreclosure. The notice shall be sent 21
by certified mail to their last known address or addresses on file with the bank and 22
must include 23
(1) the date of the notice; 24
(2) a statement that the total indebtedness owing on the loan became 25
due and payable to the bank because the loan default was not cured within the time 26
specified in the notice of default and right to cure provided under AS 44.81.241, and 27
that as a result the bank is entitled to take legal action to collect the loan, including the 28
forfeiture of a permit pledge that secures the loan and the institution of legal action; 29
(3) a description of the permit pledge that is being foreclosed by the 30
notice, including an identification of the permit by the number assigned by the 31
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Department of Fish and Game [COMMISSION] and the name of the equitable 1
owner; 2
(4) the amount of the total indebtedness owing as of the date of the 3
notice; 4
(5) the amount of daily interest that accrues from the date of the notice; 5
(6) a statement that the costs of collection of the loan incurred by the 6
bank after the date of the notice will be added to the total amount of the indebtedness 7
due on the loan; 8
(7) a statement that to avoid forfeiture of all rights of the equitable 9
owner of the permit identified in the notice, the loan must be paid in full within 60 10
days from the date of the notice or within an extended time period that is specified in 11
an extension notice provided by the bank within the 60-day period under 12
AS 44.81.249; 13
(8) a statement that once a forfeiture of all rights of the equitable 14
owner of a permit described in the notice occurs, the permit may not be redeemed; 15
(9) a statement of the right of the equitable owner to nominate a person 16
to assume the loan under AS 44.81.250(c); 17
(10) the place where payment in full may be made; and 18
(11) a notice in at least 10 point bold type stating: 19
"IMPORTANT: IF THE LOAN IS NOT PAID IN FULL BY THE 20
DATE SPECIFIED, ALL RIGHTS OF THE EQUITABLE OWNER TO THE 21
PERMIT IDENTIFIED IN THIS NOTICE WILL BE FORFEITED 22
WITHOUT FURTHER NOTICE TO YOU. IN THAT EVENT, THERE 23
WILL NOT BE A RIGHT OF REDEMPTION OF THE PERMIT. IN 24
ADDITION, THE BANK MAY NOW TAKE OTHER ACTION TO 25
COLLECT THE LOAN, INCLUDING THE INSTITUTION OF LEGAL 26
ACTION AGAINST YOU AND THE FORECLOSURE OF OTHER 27
PERMIT PLEDGES THAT SECURE THE LOAN." 28
* Sec. 112. AS 44.81.247(a) is amended to read: 29
(a) If a loan is not paid in full within the time specified by the notice provided 30
for the loan under AS 44.81.245, the equitable interest in the permit identified in the 31
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notice terminates by operation of law without further notice. The Department of Fish 1
and Game [COMMISSION] shall cancel an entry permit card issued to the equitable 2
owner of the permit immediately upon receipt by the Department of Fish and Game 3
[COMMISSION] of a certificate of termination containing a copy of the notices 4
required by AS 44.81.241 and 44.81.245. 5
* Sec. 113. AS 44.81.250(a) is amended to read: 6
(a) Upon foreclosure of a pledge of an entry permit under AS 44.81.241 - 7
44.81.249 or the termination of a debtor's interest in an entry permit under 8
AS 44.81.247(b), the bank shall determine if the permit is subject to a buy-back 9
program under AS 16.43.290 - 16.43.330 and, if it is subject to a buy-back program, 10
shall offer the permit to the Department of Fish and Game [COMMISSION] at a 11
price equal to the outstanding indebtedness on the loan. 12
* Sec. 114. AS 44.81.250(b) is amended to read: 13
(b) If the permit is not subject to a buy-back program, or if the Department of 14
Fish and Game [COMMISSION] fails to buy back the permit within 30 days after the 15
Department of Fish and Game [COMMISSION] receives the offer, the bank shall 16
sell the permit to a person who qualifies as a transferee of an entry permit under 17
AS 16.43 and the regulations adopted by the Department of Fish and Game 18
[COMMISSION]. The bank shall give preference to an offer to purchase a permit 19
made by a state resident if the price offered is equal to or greater than the price offered 20
by a nonresident. If the proceeds of the sale of a permit exceed the amount necessary 21
to pay the indebtedness in full, the bank shall remit the excess to the borrower. 22
* Sec. 115. AS 16.10.360(1); AS 16.43.020, 16.43.030, 16.43.040, 16.43.050, 16.43.060, 23
16.43.070, 16.43.080, 16.43.990(1); AS 39.25.110(11)(D); AS 39.50.200(b)(10); and 24
AS 44.81.350(3) are repealed. 25
* Sec. 116. The uncodified law of the State of Alaska is amended by adding a new section 26
to read: 27
TRANSITION. Litigation, hearings, investigations, and other proceedings pending 28
under a law amended or repealed by this Act, or in connection with functions transferred by 29
this Act, continue in effect and may be continued and completed notwithstanding a transfer or 30
amendment or repeal provided for in this Act. Certificates, orders, and regulations issued or 31
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adopted by the Alaska Commercial Fisheries Entry Commission under authority of a law 1
amended or repealed by this Act remain in effect for the term issued or until revoked, vacated, 2
or otherwise modified under the provisions of this Act. Contracts, rights, liabilities, and 3
obligations created by or under a law amended or repealed by this Act, and in effect on the 4
effective date of this Act, remain in effect notwithstanding this Act's taking effect. Records, 5
equipment, appropriations, and other property of the Alaska Commercial Fisheries Entry 6
Commission shall be transferred to the Department of Fish and Game to implement the 7
provisions of this Act. 8
* Sec. 117. The uncodified law of the State of Alaska is amended by adding a new section 9
to read: 10
EMPLOYEES. Employees of the Alaska Commercial Fisheries Entry Commission 11
become employees of the Department of Fish and Game on the effective date of this Act. 12