Alaska 2025-2026 Regular Session

Alaska House Bill HB111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HB0111a -1- HB 111
3	3	New Text Underlined [DELETED TEXT BRACKETED]
4	4
5	5	34-GH1437\A
6	6
7	7
8	8
9	9
10	10
11	11	HOUSE BILL NO. 111
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 2/21/25
20	20	Referred: House Special Committee on Fisheries, Resources
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to finfish farms and finfish farm products; and providing for an 1
28	28	effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 09.45.235(d)(1) is amended to read: 4
31	31	(1) "agricultural facility" means any land, building, structure, pond, 5
32	32	impoundment, appurtenance, machinery, or equipment that is used or is intended for 6
33	33	use in the commercial production or processing of crops, livestock, or livestock 7
34	34	products, or that is used in aquatic or finfish farming;
35	35	8
36	36	* Sec. 2. AS 09.45.235(d)(2) is amended to read: 9
37	37	(2) "agricultural operation" means 10
38	38	(A) any agricultural and farming activity such as 11
39	39	(i) the preparation, plowing, cultivation, conserving, 12
40	40	and tillage of the soil; 13
41	41	(ii) dairying; 14 34-GH1437\A
42	42	HB 111 -2- HB0111a
43	43	New Text Underlined [DELETED TEXT BRACKETED]
44	44
45	45	(iii) the operation of greenhouses; 1
46	46	(iv) the production, cultivation, rotation, fertilization, 2
47	47	growing, and harvesting of an agricultural, floricultural, apicultural, or 3
48	48	horticultural crop or commodity; 4
49	49	(v) the breeding, hatching, raising, producing, feeding, 5
50	50	keeping, slaughtering, or processing of livestock; 6
51	51	(vi) forestry or timber harvesting, manufacturing, or 7
52	52	processing operations; 8
53	53	(vii) the application and storage of pesticides, 9
54	54	herbicides, animal manure, treated sewage sludge or chemicals, 10
55	55	compounds, or substances to crops, or in connection with the 11
56	56	production of crops or livestock; 12
57	57	(viii) the manufacturing of feed for poultry or livestock; 13
58	58	(ix) aquatic or finfish farming; 14
59	59	(x) the operation of roadside markets; and 15
60	60	(B) any practice conducted on the agricultural facility as an 16
61	61	incident to or in conjunction with activities described in (A) of this paragraph, 17
62	62	including the application of existing, changed, or new technology, practices, 18
63	63	processes, or procedures; 19
64	64	* Sec. 3. AS 16.05.050(a) is amended to read: 20
65	65	(a) The commissioner has, but not by way of limitation, the following powers 21
66	66	and duties: 22
67	67	(1) through the appropriate state agency and under the provisions of 23
68	68	AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other 24
69	69	lawful means, land, buildings, water, rights-of-way, or other necessary or proper real 25
70	70	or personal property when the acquisition is in the interest of furthering an objective or 26
71	71	purpose of the department and the state; 27
72	72	(2) under the provisions of AS 36.30, to design and construct 28
73	73	hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish 29
74	74	and game resources of the state; 30
75	75	(3) to accept money from any person under conditions requiring the 31 34-GH1437\A
76	76	HB0111a -3- HB 111
77	77	New Text Underlined [DELETED TEXT BRACKETED]
78	78
79	79	use of the money for specific purposes in the furtherance of the protection, 1
80	80	rehabilitation, propagation, preservation, or investigation of the fish and game 2
81	81	resources of the state or in settlement of claims for damages to fish or game resources; 3
82	82	(4) to collect, classify, and disseminate statistics, data and information 4
83	83	that, in the commissioner's discretion, will tend to promote the purposes of this title 5
84	84	except AS 16.51 and AS 16.52; 6
85	85	(5) to take, capture, propagate, transport, buy, sell, or exchange fish or 7
86	86	game or eggs for propagating, scientific, public safety, or stocking purposes; 8
87	87	(6) under the provisions of AS 36.30, to provide public facilities where 9
88	88	necessary or proper to facilitate the taking of fish or game, and to enter into 10
89	89	cooperative agreements with any person to effect them; 11
90	90	(7) to exercise administrative, budgeting, and fiscal powers; 12
91	91	(8) under the provisions of AS 36.30, to construct, operate, supervise, 13
92	92	and maintain vessels used by the department; 14
93	93	(9) to authorize the holder of an interim-use permit under AS 16.43 to 15
94	94	engage on an experimental basis in commercial taking of a fishery resource with 16
95	95	vessel, gear, and techniques not presently qualifying for licensing under this chapter in 17
96	96	conformity with standards established by the Alaska Commercial Fisheries Entry 18
97	97	Commission; 19
98	98	(10) not later than January 31 of each year, to provide to the 20
99	99	commissioner of revenue the names of those fish and shellfish species that the 21
100	100	commissioner of fish and game designates as developing commercial fish species for 22
101	101	that calendar year; a fish or shellfish species is a developing commercial fish species 23
102	102	if, within a specified geographical region, 24
103	103	(A) the optimum yield from the harvest of the species has not 25
104	104	been reached; 26
105	105	(B) a substantial portion of the allowable harvest of the species 27
106	106	has been allocated to fishing vessels of a foreign nation; or 28
107	107	(C) a commercial harvest of the fish species has recently 29
108	108	developed; 30
109	109	(11) to initiate or conduct research necessary or advisable to carry out 31 34-GH1437\A
110	110	HB 111 -4- HB0111a
111	111	New Text Underlined [DELETED TEXT BRACKETED]
112	112
113	113	the purposes of this title except AS 16.51 and AS 16.52; 1
114	114	(12) to enter into cooperative agreements with agencies of the federal 2
115	115	government, educational institutions, or other agencies or organizations, when in the 3
116	116	public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52; 4
117	117	(13) to implement an on-board observer program authorized by the 5
118	118	Board of Fisheries under AS 16.05.251(a)(13); implementation 6
119	119	(A) must be as unintrusive to vessel operations as practicable; 7
120	120	and 8
121	121	(B) must make scheduling and scope of observers' activities as 9
122	122	predictable as practicable; 10
123	123	(14) to sell fish caught during commercial fisheries test fishing 11
124	124	operations; 12
125	125	(15) to establish and charge fees equal to the cost of services provided 13
126	126	by the department, including provision of public shooting ranges, broodstock and eggs 14
127	127	for private nonprofit hatcheries, department publications, and other direct services, and 15
128	128	reasonable fees for the use of state facilities managed by the department; fees 16
129	129	established under this paragraph for tours of hatchery facilities, commercial use of 17
130	130	sport fishing access sites, and for operation of state hatchery facilities by private 18
131	131	aquaculture associations are not subject to the cost limit under AS 37.10.050(a); 19
132	132	(16) to permit and regulate aquatic farming and finfish farming in the 20
133	133	state in a manner that ensures the protection of the state's fish and game resources and 21
134	134	improves the economy, health, and well-being of the citizens of the state; 22
135	135	(17) to operate state housing and facilities for employees, contractors, 23
136	136	and others in support of the department's responsibilities and to charge rent that is 24
137	137	consistent with applicable collective bargaining agreements, or, if no collective 25
138	138	bargaining agreement is applicable, competitive with market conditions; rent received 26
139	139	from tenants shall be deposited in the general fund; 27
140	140	(18) to petition the Alaska Commercial Fisheries Entry Commission, 28
141	141	unless the Board of Fisheries disapproves the petition under AS 16.05.251(g), to 29
142	142	establish a moratorium on new entrants into commercial fisheries 30
143	143	(A) that have experienced recent increases in fishing effort that 31 34-GH1437\A
144	144	HB0111a -5- HB 111
145	145	New Text Underlined [DELETED TEXT BRACKETED]
146	146
147	147	are beyond a low, sporadic level of effort; 1
148	148	(B) that have achieved a level of harvest that may be 2
149	149	approaching or exceeding the maximum sustainable level for the fishery; and 3
150	150	(C) for which there is insufficient biological and resource 4
151	151	management information necessary to promote the conservation and sustained 5
152	152	yield management of the fishery; 6
153	153	(19) to promote fishing, hunting, and trapping and preserve the 7
154	154	heritage of fishing, hunting, and trapping in the state. 8
155	155	* Sec. 4. AS 16.05.251(f) is amended to read: 9
156	156	(f) Except as expressly provided in AS 16.40.120(e) and 16.40.130, the Board 10
157	157	of Fisheries may not adopt regulations or take action regarding the issuance, denial, or 11
158	158	conditioning of a permit under AS 16.40.100, [OR] 16.40.120, or 16.40.220, the 12
159	159	construction or operation of a farm or hatchery required to have a permit under 13
160	160	AS 16.40.100, the construction or operation of a finfish farm required to have a 14
161	161	permit under AS 16.40.220, or a harvest with a permit issued under AS 16.40.120 or 15
162	162	16.40.220. 16
163	163	* Sec. 5. AS 16.05.930(c) is amended to read: 17
164	164	(c) AS 16.05.920 and 16.05.921 do not prohibit [REARING AND SALE OF 18
165	165	FISH FROM PRIVATE PONDS,] the raising of wild animals in captivity for food [,] 19
166	166	or the raising of game birds for the purpose of recreational hunting on game hunting 20
167	167	preserves, under regulations adopted by the appropriate board. In this subsection, 21
168	168	"animals" includes all animal life, including insects and bugs. 22
169	169	* Sec. 6. AS 16.05.930(g) is amended to read: 23
170	170	(g) AS 16.05.330 - 16.05.723 do not apply to an activity authorized by a 24
171	171	permit issued under AS 16.40.100, [OR] 16.40.120, or 16.40.220, or to a person or 25
172	172	vessel employed in an activity authorized by a permit issued under AS 16.40.100, 26
173	173	[OR] 16.40.120, or 16.40.220. 27
174	174	* Sec. 7. AS 16.10.269 is amended to read: 28
175	175	Sec. 16.10.269. Limitations. AS 16.10.265 and 16.10.267 do not apply to the 29
176	176	purchase or sale of 30
177	177	(1) aquatic farm products from a holder of a permit issued under 31 34-GH1437\A
178	178	HB 111 -6- HB0111a
179	179	New Text Underlined [DELETED TEXT BRACKETED]
180	180
181	181	AS 16.40.100; 1
182	182	(2) [OR] stock from a holder of a permit issued under AS 16.40.120; 2
183	183	or 3
184	184	(3) finfish stock or finfish farm products from a holder of a permit 4
185	185	issued under AS 16.40.220. 5
186	186	* Sec. 8. AS 16.40.210(a) is amended to read: 6
187	187	(a) A person may not grow or cultivate finfish in captivity or under positive 7
188	188	control for commercial purposes unless the person holds a current valid finfish 8
189	189	farm permit under AS 16.40.220. 9
190	190	* Sec. 9. AS 16.40 is amended by adding new sections to article 3 to read: 10
191	191	Sec. 16.40.220. Finfish farm permits. (a) The commissioner or a designee 11
192	192	may issue a triennial finfish farm permit, subject to the restrictions imposed by this 12
193	193	section, to a qualified applicant. 13
194	194	(b) A finfish farm permit authorizes the permittee, subject to the conditions of 14
195	195	AS 17.20, this section, and regulations adopted under this section, to operate a finfish 15
196	196	farm and to acquire, purchase, offer to purchase, transfer, possess, sell, and offer to 16
197	197	sell finfish stock and finfish farm products that are used or reared at the finfish farm. 17
198	198	(c) All finfish acquired, purchased, offered to purchase, transferred, possessed, 18
199	199	sold, offered for sale, or otherwise kept at a finfish farm must be triploid. A finfish 19
200	200	farm permit may not authorize the artificial propagation of finfish at a finfish farm. 20
201	201	(d) Notwithstanding AS 16.05.080, the commissioner may adopt regulations 21
202	202	that establish the amount and manner of payment of fees for a permit issued under this 22
203	203	section so that the total amount of fees collected equals the actual regulatory cost to 23
204	204	the department of permitting finfish farms in the state. The commissioner shall review 24
205	205	the fee level to determine whether the regulatory costs are approximately equal to the 25
206	206	fee collections on a triennial basis. 26
207	207	(e) The commissioner may attach terms and conditions to a permit issued 27
208	208	under this section that are necessary in the judgment of the commissioner to protect 28
209	209	natural fish and wildlife resources. 29
210	210	(f) The commissioner shall adopt regulations under AS 44.62 (Administrative 30
211	211	Procedure Act) after consultation with the commissioner of environmental 31 34-GH1437\A
212	212	HB0111a -7- HB 111
213	213	New Text Underlined [DELETED TEXT BRACKETED]
214	214
215	215	conservation to implement this section, including regulations that govern 1
216	216	(1) eligibility for a finfish farm permit; 2
217	217	(2) siting of a finfish farm; 3
218	218	(3) operation of a finfish farm; 4
219	219	(4) sources, acquisition, importation, transportation, and export of 5
220	220	finfish stock and finfish farm products at a finfish farm; 6
221	221	(5) control, prevention, and eradication of disease and destruction of 7
222	222	diseased finfish at a finfish farm; and 8
223	223	(6) other matters necessary to implement this section and to protect 9
224	224	wild stocks of fish and game in the state. 10
225	225	(g) A person may stock a lake located on private property with finfish for 11
226	226	personal consumption without a permit under this section if the lake is under positive 12
227	227	control. 13
228	228	Sec. 16.40.230. Definitions. In AS 16.40.210 - 16.40.230, 14
229	229	(1) "finfish" means any bony fish belonging to the osteichthyes class, 15
230	230	but does not include pink salmon, chum salmon, sockeye salmon, coho salmon, 16
231	231	chinook salmon, or Atlantic salmon; 17
232	232	(2) "finfish farm" means a natural or artificial inland, closed-system 18
233	233	body of water under positive control for the cultivation of finfish and the production of 19
234	234	finfish farm products for commercial sale; 20
235	235	(3) "finfish farm product" means a finfish, or a part of a finfish, that is 21
236	236	farmed or cultivated in a finfish farm and sold or offered for sale; 22
237	237	(4) "finfish stock" means live finfish acquired, collected, possessed, or 23
238	238	intended for use by a finfish farm; 24
239	239	(5) "positive control" means enclosed within a natural or artificial 25
240	240	escape-proof barrier; 26
241	241	(6) "triploid" means a naturally occurring or artificially induced 27
242	242	presence of three sets of chromosomes in a finfish that results in sterility. 28
243	243	* Sec. 10. AS 16.43.940 is amended to read: 29
244	244	Sec. 16.43.940. Exempted activities. This chapter does not apply to activities 30
245	245	authorized by a permit issued under AS 16.40.100, [OR] 16.40.120, or 16.40.220. 31 34-GH1437\A
246	246	HB 111 -8- HB0111a
247	247	New Text Underlined [DELETED TEXT BRACKETED]
248	248
249	249	* Sec. 11. AS 16.51.180(7) is amended to read: 1
250	250	(7) "seafood" means finfish, shellfish, and fish by-products, including 2
251	251	but not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and 3
252	252	pollock, but does not include aquatic farm products as defined in AS 16.40.199 or 4
253	253	finfish farm products as defined in AS 16.40.230. 5
254	254	* Sec. 12. AS 17.20.005 is amended to read: 6
255	255	Sec. 17.20.005. Powers and duties of commissioner. To carry out the 7
256	256	requirements of this chapter, the commissioner may issue orders, regulations, permits, 8
257	257	quarantines, and embargoes relating to 9
258	258	(1) food offered to the public or sold, subject to AS 17.20.017, 10
259	259	including 11
260	260	(A) inspection of meat, fish, poultry, and other food products; 12
261	261	(B) standards of sanitation and handling methods for all phases 13
262	262	of slaughtering, processing, storing, transporting, displaying, and selling; 14
263	263	(C) labeling; and 15
264	264	(D) the training, testing, and certification requirements for 16
265	265	individuals who handle or prepare food, their supervisors, and their employers 17
266	266	to ensure their knowledge of food safety and sanitation principles and 18
267	267	requirements; 19
268	268	(2) control and eradication of pests; 20
269	269	(3) enforcement of hazard analysis critical control point programs for 21
270	270	seafood processing that are developed in cooperation with appropriate industry 22
271	271	representatives or, to the extent not inconsistent with this chapter or regulations 23
272	272	adopted under the authority of this chapter, that are established by regulations of the 24
273	273	United States Food and Drug Administration as they may periodically be revised; 25
274	274	(4) labeling, subject to AS 17.20.013, and grading of milk and milk 26
275	275	products and standards of sanitation for dairies offering to the public or selling milk or 27
276	276	milk products to at least the minimum of current recommendations of the United 28
277	277	States Public Health Service pasteurized milk ordinance as it may periodically be 29
278	278	revised; 30
279	279	(5) standards and conditions for the operation and siting of aquatic 31 34-GH1437\A
280	280	HB0111a -9- HB 111
281	281	New Text Underlined [DELETED TEXT BRACKETED]
282	282
283	283	farms and related hatcheries and finfish farms, including 1
284	284	(A) restrictions on the use of chemicals; and 2
285	285	(B) requirements to protect the public from contaminated 3
286	286	aquatic farm products and finfish farm products that pose a risk to health; 4
287	287	(6) monitoring of finfish farms and aquatic farms and of finfish farm 5
288	288	products and aquatic farm products to ensure compliance with this chapter and, to the 6
289	289	extent not inconsistent with this chapter or regulations adopted under the authority of 7
290	290	this chapter, with the requirements of the national shellfish sanitation program manual 8
291	291	of operations published by the United States Food and Drug Administration as it may 9
292	292	periodically be revised; 10
293	293	(7) tests and analyses that may be made and hearings that may be held 11
294	294	to determine whether the commissioner will issue a stop order or quarantine; 12
295	295	(8) transportation of, use of, disposal of, recalls of, or warnings 13
296	296	concerning quarantined or embargoed items; 14
297	297	(9) cooperation with federal and other state agencies. 15
298	298	* Sec. 13. AS 17.20.070 is amended to read: 16
299	299	Sec. 17.20.070. Inspection by department. An officer or employee 17
300	300	designated by the commissioner shall have access to a factory, aquatic farm, finfish 18
301	301	farm, or establishment, the operator of which holds a permit from the commissioner, 19
302	302	for the purpose of ascertaining whether the conditions of the permit are being 20
303	303	complied with. Denial of access for inspection is ground for suspension of the permit 21
304	304	until access is freely given. 22
305	305	* Sec. 14. AS 17.20.200(a) is amended to read: 23
306	306	(a) The commissioner of environmental conservation or an agent shall have 24
307	307	free access at reasonable hours to a factory, warehouse, or establishment in which 25
308	308	foods or cosmetics are manufactured, processed, packed, or held for introduction into 26
309	309	commerce, to enter a vehicle being used to transport or hold these foods or cosmetics 27
310	310	in commerce, or to an aquatic farm or finfish farm in order to 28
311	311	(1) inspect a factory, warehouse, establishment, vehicle, finfish farm, 29
312	312	or aquatic farm to determine if the provisions of the commissioner's respective 30
313	313	portions of this chapter are being violated; and 31 34-GH1437\A
314	314	HB 111 -10- HB0111a
315	315	New Text Underlined [DELETED TEXT BRACKETED]
316	316
317	317	(2) secure samples or specimens of a food, finfish farm product, 1
318	318	aquatic farm product, or cosmetic. 2
319	319	* Sec. 15. AS 17.20.370 is amended by adding new paragraphs to read: 3
320	320	(16) "finfish farm" has the meaning given in AS 16.40.230; 4
321	321	(17) "finfish farm product" has the meaning given in AS 16.40.230. 5
322	322	* Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 6
323	323	read: 7
324	324	REVISOR INSTRUCTION. The revisor of statutes is requested to change the catch 8
325	325	line of AS 16.40.210 from "Finish farming prohibited" to "Finfish farming prohibited without 9
326	326	a permit." 10
327	327	* Sec. 17. This Act takes effect immediately under AS 01.10.070(c). 11