| 28 | | - | * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 3 |
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| 29 | | - | to read: 4 |
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| 30 | | - | LEGISLATIVE INTENT. It is the intent of the Legislature that the Board of Fisheries, 5 |
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| 31 | | - | in adopting regulations under AS 16.05.251(j), added by sec. 2 of this Act, that establish the 6 |
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| 32 | | - | number of set gillnet entry permit holders that may fish together as a cooperative in each 7 |
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| 33 | | - | administrative area, 8 |
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| 34 | | - | (1) for the purpose of maximizing local participation and review, establish the 9 |
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| 35 | | - | number of set gillnet entry permit holders that may fish together as a cooperative in a 10 |
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| 36 | | - | particular administrative area at a public meeting at which the Board of Fisheries is scheduled 11 |
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| 37 | | - | to consider finfish regulations for the area; 12 |
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| 38 | | - | (2) consider the number of set gillnet entry permits and the number of set 13 |
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| 39 | | - | gillnet entry permit holders who have historically fished permits together in the area; and 14 |
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| 40 | | - | (3) preserve the status quo with regard to affecting the number of set gillnet 15 34-LS0557\I |
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| 41 | | - | CSHB 117(RES) -2- HB0117b |
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| 29 | + | * Section 1. AS 16.05.251 is amended by adding a new subsection to read: 3 |
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| 30 | + | (j) Two or more set gillnet entry permit holders in a salmon fishery may fish 4 |
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| 31 | + | their respective authorized set gillnet gear as a cooperative. However, a permit holder 5 |
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| 32 | + | may not operate a unit of gear belonging to another permit holder without the other 6 |
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| 33 | + | permit holder being present at all times and actively engaged in the operation. Not 7 |
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| 34 | + | more than 10 set gillnet entry permit holders may fish as one cooperative. Fish 8 |
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| 35 | + | harvested under this subsection do not need to be stored or delivered separately on the 9 |
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| 36 | + | basis of the individual entry permits fished cooperatively. The Board of Fisheries shall 10 |
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| 37 | + | adopt regulations to implement this subsection. The regulations must 11 |
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| 38 | + | (1) require set gillnet permit holders fishing multiple units of gear as 12 |
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| 39 | + | part of a cooperative to register with the department; 13 |
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| 40 | + | (2) specify how a set gillnet permit holder must report fish harvested 14 |
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| 41 | + | when fishing cooperatively with other permit holders. 15 34-LS0557\N |
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| 42 | + | HB 117 -2- HB0117a |
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| 44 | | - | entry permit holders that may fish together. 1 |
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| 45 | | - | * Sec. 2. AS 16.05.251 is amended by adding a new subsection to read: 2 |
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| 46 | | - | (j) Two or more set gillnet entry permit holders in a salmon fishery may fish 3 |
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| 47 | | - | their respective authorized set gillnet gear as a cooperative. However, a permit holder 4 |
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| 48 | | - | may not operate a unit of gear belonging to another permit holder without the other 5 |
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| 49 | | - | permit holder being physically present and actively engaged in the operation, unless 6 |
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| 50 | | - | the other permit holder is absent for a reason permitted under AS 16.05.253(a). Fish 7 |
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| 51 | | - | harvested under this subsection do not need to be stored or delivered separately on the 8 |
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| 52 | | - | basis of the individual entry permits fished cooperatively. The Board of Fisheries shall 9 |
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| 53 | | - | adopt regulations to implement this subsection. The regulations must 10 |
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| 54 | | - | (1) require set gillnet permit holders fishing multiple units of gear as 11 |
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| 55 | | - | part of a cooperative to register with the department; 12 |
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| 56 | | - | (2) specify how a set gillnet permit holder must report fish harvested 13 |
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| 57 | | - | when fishing cooperatively with other permit holders; 14 |
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| 58 | | - | (3) establish the maximum number of set gillnet entry permit holders 15 |
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| 59 | | - | that may fish as a single cooperative in each administrative area; however, no 16 |
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| 60 | | - | cooperative may be limited to fewer than three set gillnet entry permit holders. 17 |
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| 61 | | - | * Sec. 3. AS 16.05.253(a) is amended to read: 18 |
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| 62 | | - | (a) The Board of Fisheries may require a person who holds a limited entry 19 |
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| 63 | | - | permit or an interim-use permit under AS 16.43 to be physically present at a beach or 20 |
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| 64 | | - | riparian fishing site during the operation of net gear or other stationary fishing gear at 21 |
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| 65 | | - | the site, except when the permit holder is at or traveling to or from the location of 22 |
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| 66 | | - | (1) a sale of fish caught in the gear or, if the permit holder is a 23 |
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| 67 | | - | member of a cooperative established under AS 16.05.251(j), a sale of fish caught 24 |
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| 68 | | - | in the gear of another permit holder member of the cooperative; or 25 |
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| 69 | | - | (2) other stationary gear of the permit holder or, if the permit holder 26 |
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| 70 | | - | is a member of a cooperative established under AS 16.05.251(j), stationary gear 27 |
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| 71 | | - | belonging to another permit holder member of the cooperative. 28 |
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| 72 | | - | * Sec. 4. AS 16.05.680 is amended by adding a new subsection to read: 29 |
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| 73 | | - | (c) For the purposes of this section, a commercial set gillnet entry permit 30 |
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| 74 | | - | holder who is a member of a cooperative authorized under AS 16.05.251(j) may sell 31 34-LS0557\I |
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| 75 | | - | HB0117b -3- CSHB 117(RES) |
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| 76 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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| 77 | | - | |
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| 78 | | - | all salmon that was harvested in combination with other permit holder members of the 1 |
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| 79 | | - | cooperative. Fish harvested collectively by the cooperative may be sold by any permit 2 |
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| 80 | | - | holder who is a member of the cooperative or by a transporter acting as the 3 |
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| 81 | | - | cooperative's agent. 4 |
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| 82 | | - | * Sec. 5. This Act takes effect immediately under AS 01.10.070(c). 5 |
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| 45 | + | * Sec. 2. AS 16.05.680 is amended by adding a new subsection to read: 1 |
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| 46 | + | (c) For the purposes of this section, a commercial set gillnet entry permit 2 |
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| 47 | + | holder who is a member of a cooperative authorized under AS 16.05.251(j) may sell 3 |
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| 48 | + | all salmon that was harvested in combination with other permit holder members of the 4 |
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| 49 | + | cooperative. Fish harvested collectively by the cooperative may be sold by a single 5 |
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| 50 | + | permit holder member of the cooperative or by a transporter acting as the cooperative's 6 |
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| 51 | + | agent. 7 |
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| 52 | + | * Sec. 3. This Act takes effect immediately under AS 01.10.070(c). 8 |
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