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SB 285: "An Act relating to management of discrete salmon stocks and to a salmon management assessment; and providing for an effective date."

00 SENATE BILL NO. 285                                                                                                     
01 "An Act relating to management of discrete salmon stocks and to a salmon                                                
02 management assessment; and providing for an effective date."                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  PURPOSE.  This Act requires the Board of Fisheries to adopt and implement                              
05 a discrete salmon stock management policy that is consistent with the sustained yield of wild                           
06 salmon stocks.  This Act also provides a means to offset the costs incurred by the state in                             
07 adopting and implementing a discrete salmon stock management policy.                                                    
08    * Sec. 2.  AS 16.05 is amended by adding a new section to article 5 to read:                                         
09  Sec. 16.05.735. DISCRETE SALMON STOCK MANAGEMENT.  (a)  The                                                           
10 Board of Fisheries shall adopt and implement by regulation a policy for the                                             
11 management of discrete salmon stocks that is consistent with sustained yield of wild                                    
12 salmon stocks.  The board shall adopt and implement a discrete stock management                                         
13 policy by                                                                                                               
14   (1)  January 1, 2001, for all sockeye salmon and chum salmon stocks                                                  
01 taken in each of the Cook Inlet, Kodiak, Aleutian Islands and Alaska Peninsula, and                                     
02 Kuskokwim salmon fishery management areas;                                                                              
03   (2)  January 1, 2006, for all coho salmon and chinook salmon stocks                                                  
04 taken in each of the Southeastern Alaska, Yakutat, Cook Inlet, Kodiak, Aleutian                                         
05 Islands and Alaska Peninsula, Bristol Bay, Kuskokwim, and Yukon-Northern salmon                                         
06 fishery management areas;                                                                                               
07   (3)  January 1, 2011, for all pink salmon stocks taken in each of the                                                
08 Southeastern Alaska, Yakutat, Prince William Sound, Kodiak, Chignik, and Aleutian                                       
09 Islands and Alaska Peninsula salmon fishery management areas.                                                           
10  (b)  The Department of Fish and Game shall                                                                            
11   (1)  determine the stock composition by river of origin for each existing                                            
12 mixed stock salmon fishery; in addition to identifying the discrete salmon stocks                                       
13 originating in the state, the department shall identify non-Alaska stocks of Asian origin                               
14 and non-Alaska stocks originating elsewhere in North America that are taken in each                                     
15 mixed stock fishery; the department shall annually provide the stock composition data                                   
16 collected under this paragraph to the board;                                                                            
17   (2)  develop escapement objectives, based on the availability of                                                     
18 spawning and rearing habitat and average production, for each discrete salmon stock                                     
19 where technically feasible;                                                                                             
20   (3)  develop the ability to project escapements for each discrete salmon                                             
21 stock in order to provide the board with the information necessary to perform its duties                                
22 under (a) of this section; and                                                                                          
23   (4)  annually provide to the board in a timely manner the stock                                                      
24 identification data that are necessary to manage mixed stock fisheries before the fishing                               
25 season for those fisheries begins.                                                                                      
26   (c)  Notwithstanding AS 16.05.080, the commissioner may establish the                                                
27 proportion of the value of salmon that is to be collected under AS 43.76.150 as a                                       
28 salmon management assessment for each Alaska Commercial Fisheries Entry                                                 
29 Commission administrative area that corresponds to a Board of Fisheries salmon                                          
30 fishery management area described in (a) of this section in which the department is                                     
31 conducting research and collecting data necessary to perform the department's duties                                    
01 under this section.  The proportion of the value to be collected under AS 43.76.150                                     
02 shall be determined by dividing the estimated annual cost of conducting the research                                    
03 and data collection for the management area by the average total annual value, as                                       
04 defined in AS 43.75.290, of salmon taken in the area during the preceding five years.                                   
05 The commissioner shall set the proportion of the value to be collected under                                            
06 AS 43.76.150 for each area by regulation.                                                                               
07  (d)  In this section,                                                                                                 
08   (1)  "discrete salmon stock" means a population of a species of salmon                                               
09 that spawns in the                                                                                                      
10   (A)  Noatak River or Kobuk River;                                                                                   
11   (B)  Yukon River;                                                                                                   
12   (C)  Kuskokwim River;                                                                                               
13   (D)  Togiak River;                                                                                                  
14   (E)  Igushik River, Wood River, or Nushagak River;                                                                  
15   (F)  Kvichak River;                                                                                                 
16   (G)  Naknek River;                                                                                                  
17   (H)  Egegik River;                                                                                                  
18   (I)  Ugashik River;                                                                                                 
19   (J)  Chignik River;                                                                                                 
20   (K)  Ayakulik River;                                                                                                
21   (L)  Fraser River;                                                                                                  
22   (M)  Karluk River;                                                                                                  
23   (N)  Kasilof River;                                                                                                 
24   (O)  Kenai River;                                                                                                   
25   (P)  Susitna River;                                                                                                 
26   (Q)  Coghill-Eshamy River;                                                                                          
27   (R)  Copper River or Bering River;                                                                                  
28   (S)  Alsek River;                                                                                                   
29   (T)  Situk River;                                                                                                   
30   (U)  Chilkat River;                                                                                                 
31   (V)  Chilkoot River;                                                                                                
01   (W)  Taku River; or                                                                                                 
02   (X)  Stikine River;                                                                                                 
03   (2)  "river of origin" means the river in which a discrete salmon stock                                              
04 spawns.                                                                                                                 
05    * Sec. 3.  AS 43.76 is amended by adding new sections to read:                                                       
06 ARTICLE 3.  SALMON MANAGEMENT ASSESSMENT.                                                                               
07  Sec. 43.76.150.  SALMON MANAGEMENT ASSESSMENT.  A person                                                              
08 holding a salmon fishery limited entry permit or salmon fishery interim-use permit                                      
09 under AS 16.43 for an Alaska Commercial Fisheries Entry Commission administrative                                       
10 area designated by the commissioner of fish and game under AS 16.05.735 shall pay                                       
11 a salmon management assessment that is equal to the proportion, set by the                                              
12 commissioner of fish and game under AS 16.05.735, of the value, as defined in                                           
13 AS 43.75.290, of salmon taken under the permit that the person removes from the state                                   
14 or transfers to a buyer in the state.  The buyer shall collect the salmon management                                    
15 assessment at the time the salmon is acquired by the buyer.                                                             
16  Sec. 43.76.160.  COLLECTION OF ASSESSMENT.  (a) A buyer who acquires                                                  
17 salmon that is subject to a salmon management assessment imposed by AS 43.76.150                                        
18 shall collect the salmon management assessment at the time of purchase and shall                                        
19 remit the total salmon management assessment collected during each month to the                                         
20 Department of Revenue by the last day of the next month.                                                                
21  (b)  A buyer who collects the salmon management assessment shall                                                      
22   (1)  maintain records of the value of salmon purchased in the state that                                             
23 are subject to the salmon management assessment imposed by AS 43.76.150;                                                
24   (2)  report to the Department of Revenue by March 1 of each year the                                                 
25 total value, as defined in AS 43.75.290, of the salmon that the buyer has acquired                                      
26 during the preceding year that were subject to the salmon management assessment                                         
27 imposed by AS 43.76.150.                                                                                                
28  (c)  The owner of salmon removed from the state is liable for payment of a                                            
29 salmon management assessment imposed by AS 43.76.150 if, at the time the salmon                                         
30 is removed from the state, the assessment payable on the salmon has not been                                            
31 collected by a buyer.  If the owner of the salmon is liable for payment of the salmon                                   
01 management assessment under this subsection, the owner shall comply with the                                            
02 requirements under (a) and (b) of this section to remit the assessment to the                                           
03 Department of Revenue, to maintain records, and to report to the Department of                                          
04 Revenue.                                                                                                                
05  (d)  The salmon management assessment collected under this section in each                                            
06 administrative area shall be deposited in the general fund.  The Department of                                          
07 Administration shall maintain separate accounts of the amounts received under                                           
08 AS 43.76.150 - 43.76.170 from each administrative area.  The legislature may                                            
09 appropriate revenue generated by the salmon management assessment in each                                               
10 administrative area to the Department of Fish and Game for the purpose of funding the                                   
11 discrete salmon stock management research and data collection program under                                             
12 AS 16.05.735 for the corresponding Department of Fish and Game management area.                                         
13  Sec. 43.76.170.  DEFINITION.  In AS 43.76.150 - 43.76.170, "buyer" means                                              
14 a person who acquires possession of salmon from the person who caught the salmon                                        
15 regardless of whether there is an actual sale of the salmon, but does not include a                                     
16 person engaged solely in interstate transportation of goods for hire.                                                   
17    * Sec. 4.  Section 3 of this Act takes effect January 1, 1997.