Sectional Analysis for SCS for CSHB 285 (RES) am

Section 1: Adds new sections to AS 16.43, Regulation of Entry into Alaska Commercial Fisheries.

Sec 16.43.850. Point System.

(a) Establishes assignment of demerit points for convictions of violations of commercial fishing laws. The Commercial Fisheries Entry Commission will adopt regulations establishing a uniform system for the suspension of a commercial fishing permit. The Commission will also assess demerit points against a permit holder for each violation of commercial fishing laws consistent with the demerit point scheduled outlined in subsection (b) and (c) of this section.

(b) Establishes a schedule of demerit points for violations of commercial fishing laws which are already established under Title 16.

(c) One-half the of the points will be assessed for the first conviction within a consecutive 36 month period of a violation of commercial fishing laws under AS 16.05.722.

(d) Requires the Commercial Fisheries Entry Commission to suspend a limited entry or interim use permit based on an aggregate number of accumulated points within a specified period of time.

Sec. 16.43.855. Assessment of Points.

(a) Requires that notice be given to the permit holder when points are assessed. The Commission must also notify a permit holder before the expiration of a suspension that subsequent violations of commercial fishing laws may result in further suspension of the permit.

(b) Points will be assessed against the permit holder based on the date of the conviction.

(c) States that the assessment of points against a permit holder is in addition to and not a substitute for other provisions of Title 16 nor is it a substitute for any penalty imposed by a court.

(d) Points assessed against a permit holder who holds a permit under a permanent or emergency transfer will also be assessed against the transferor of the permit.

Sec. 16.43.860. Suspension.

(a) A permit holder who has had the permit suspended may not obtain an entry permit or limited use permit for that fishery during the period of suspension.

(b) A permit holder whose entry permit or interim use permit has been suspended may not participate in the fishery under a crew member license or lease or rent a boat to another person for participation in that particular fishery.

(c) If a permit holder's interim use permit is suspended and the commission established a limited entry system for that fishery, the permit holder will be eligible to obtain an entry permit for that fishery, if the permit holder qualifies for the entry permit. However, the commission will withhold issuance of the entry permit until the period of suspension has expired.

(d) A permit may not be transferred on an emergency basis if the permit holder’s privileges have been suspended.

Sec. 16.43.870. Notice and Appeal. The commission will provide notice of its’ determinations. A permit holder may request a hearing on the determination.

Sec. 16.43.875. Required Notice to Commission.

(a) The Court System will forward a record of convictions on a weekly basis to the commission.

(b) A conviction is obtained upon a plea of nolo contendre or a forfeiture of bail or collateral to secure the defendant’s appearance in court that has not been vacated.

Sec. 16.43.895. Definitions for AS 16.43.850-16.43.895. Provides definitions for "commercial fishing law," "commercial fishing permit," "commercial fishing privileges" and "permit holder."

Section 2: Amends AS 16.05.723(a), Misdemeanor commercial fishing penalties. Deletes AS 16.05.710 which gave the court the authority to suspend or revoke a permit. This authority now rests with the Commission after a certain number of points have been accumulated.

Section 3: Adds a new subsection to AS 16.10.335, Loans for purchase of Alaska limited entry permits. This subsection terminates a debtor’s interest in a limited entry permit as of the date the Commission revokes the permit. This is to ensure the lending institution (the Division of Investments) is protected and can recoup its loan.

Section 4: Amends AS 16.10.337(a), Deficiencies and transfer of entry permits after foreclosure. This amendment refers to the new subsection found in section 3 of this bill.

Sections 5, 6, 7, 8, 9: AS 16.43.970(a), Penalties. The changes in these five sections do not change the effects of the current statute addressing violations of the Limited Entry Act. Violations in the law may still result in suspension and revocation under this act. However, references to forfeiture of fishing privileges by the court are eliminated in favor of referrals by the court to the Commission for suspension or revocation of fishing privileges as directed. Suspension and revocation of fishing privileges by the Commission is more consistent with the Legislature’s determination that fishing privileges administered by the Commission are use privileges and not property under AS 16.43.150(e).

Section 10: Adds a new subsection to AS 44.81.247, Termination of permit interest. This subsection terminates a debtor’s interest in a limited entry permit as of the date the Commission revokes the permit. This is to ensure the lending institution (CFAB) is protected and can recoup its loan.

Section 11: Amends AS 44.81.250(a), Transfer of entry permits after foreclosure. This amendment references the new subsection found in Section 10 of this bill.

Section 12: Repeals AS 16.05.710(a) and 16.05.710 (d)(1), Suspension of commercial license and entry permit. Subsection (a) allowed the courts to revoke or suspend a limited entry permit due to Title 16 violations. This authority now rests with the Commission due to points accumulations or violations of the Limited Entry Act.

Subsection (d)(1) is the definition of "commercial fishing law." The definition of "commercial fishing law" is now found in Section 1 of this bill.

Section 13: Applicability. This act applies to violations of commercial fishing laws that occur on or after the effective date of this bill.

Section 14: Immediate effective date.

Last updated 04-21-98