CSHB 547(RES): "An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date."
00CS FOR HOUSE BILL NO. 547(RES) 01 "An Act relating to a four-year moratorium on entry into Southeast Alaska dive 02 fisheries; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 05 (1) limited entry is an important fishery management measure to promote 06 conservation and sustained yield management of fisheries resources of Alaska and to preserve 07 and sustain the benefits of fisheries development in Alaska; 08 (2) the Southeast Alaska dive fisheries for sea cucumber, abalone, and geoduck 09 may be approaching or exceeding the maximum sustainable harvest levels for these fishery 10 resources in the areas where the fisheries occur; 11 (3) the number of divers participating in the Southeast Alaska dive fisheries 12 was precariously high at the end of 1995; 13 (4) a moratorium on entry into the Southeast Alaska dive fisheries is necessary 14 to allow a proper review and analysis of the sea cucumber, abalone, geoduck, and sea urchin
01 fisheries before permanent damage is done to these fishery resources due to the accelerated 02 growth in participation in these fisheries; 03 (5) in recent years the Southeast Alaska dive fishery for sea urchin could not 04 be opened due to the lack of research and management tools and concern that a large number 05 of new divers would be difficult to manage and may threaten the sustained yield management 06 of the sea urchin resource; 07 (6) individuals who participated in the abalone, sea cucumber, and geoduck 08 fisheries in Southeast Alaska during 1994 and 1995, would have been likely to participate in 09 a sea urchin fishery during those years if a fishery had occurred; 10 (7) current economic dependence on a fishery is best demonstrated by recent 11 participation in, and economic reliance upon, a fishery; 12 (8) information currently available is insufficient to conclude whether entry 13 limitation under AS 16.43 would serve the purposes of AS 16.43; 14 (9) a moratorium on entry into the Southeast Alaska dive fisheries is necessary 15 to provide an opportunity to investigate alternative means of fishing effort regulation that may 16 be more appropriate for these fisheries; 17 (10) the Southeast Alaska dive fisheries have reached a level of participation 18 that may threaten the conservation of the sea cucumber, abalone, geoduck, and sea urchin 19 resources and the economic health and stability of the sea cucumber, abalone, geoduck, and 20 sea urchin fisheries; and 21 (11) the Alaska Commercial Fisheries Entry Commission has insufficient 22 information to determine whether the establishment of a maximum number of entry permits 23 for the Southeast Alaska dive fisheries under AS 16.43.240 would further the purposes of 24 AS 16.43. 25 * Sec. 2. AS 16.43 is amended by adding a new section to read: 26 Sec. 16.43.228. SOUTHEAST ALASKA DIVE FISHERIES. (a) A person 27 may not take sea cucumber in the Southeast Alaska sea cucumber fishery without an 28 interim-use permit issued by the commission. The commission may not issue an 29 interim-use permit for the Southeast Alaska sea cucumber fishery unless the applicant 30 presents proof satisfactory to the commission that during calendar year 1994 or 1995 31 the applicant commercially harvested sea cucumber in the Southeast Alaska sea
01 cucumber fishery while holding an interim-use permit for the Southeast Alaska sea 02 cucumber fishery. 03 (b) A person may not take abalone in the Southeast Alaska abalone fishery 04 without an interim-use permit issued by the commission. The commission may not 05 issue an interim-use permit for the Southeast Alaska abalone fishery unless the 06 applicant presents proof satisfactory to the commission that during calendar year 1994 07 or 1995 the applicant commercially harvested abalone in the Southeast Alaska abalone 08 fishery while holding an interim-use permit for the Southeast Alaska abalone fishery. 09 (c) A person may not take geoduck in the Southeast Alaska geoduck fishery 10 without an interim-use permit issued by the commission. The commission may not 11 issue an interim-use permit for the Southeast Alaska geoduck fishery unless the 12 applicant presents proof satisfactory to the commission that between January 1, 1994, 13 and January 31, 1996, the applicant commercially harvested geoduck in the Southeast 14 Alaska geoduck fishery while holding an interim-use permit for the Southeast Alaska 15 geoduck fishery. 16 (d) A person may not take sea urchin in the Southeast Alaska sea urchin 17 fishery without an interim-use permit issued by the commission. The commission may 18 not issue an interim-use permit for the Southeast Alaska sea urchin fishery unless the 19 applicant presents proof satisfactory to the commission that 20 (1) during calendar year 1992 or 1993, the applicant commercially 21 harvested sea urchin in the Southeast Alaska sea urchin fishery while holding the 22 appropriate interim-use permit; 23 (2) during calendar year 1994 or 1995, the applicant commercially 24 harvested sea cucumber or abalone in the Southeast Alaska sea cucumber or abalone 25 fishery while holding the appropriate interim-use permit; or 26 (3) between January 1, 1994, and January 31, 1996, the applicant 27 commercially harvested geoduck in the Southeast Alaska geoduck fishery while 28 holding an interim-use permit for the Southeast Alaska geoduck fishery. 29 (e) During the four years that a moratorium established by this section is in 30 effect, the commission shall 31 (1) issue interim-use permits for each fishery subject to (a) - (d) of this
01 section to applicants who satisfy the appropriate qualifications established under (a) - 02 (d) of this section and who establish the present ability and intent to participate 03 actively in the fishery; 04 (2) conduct investigations to determine whether a maximum number 05 of entry permits should be established under AS 16.43.240 for each fishery subject to 06 this section by 07 (A) conducting research into conditions in the fishery; 08 (B) consulting with the Department of Fish and Game and the 09 Board of Fisheries; and 10 (C) consulting with participants in the fishery; and 11 (3) conduct investigations to determine whether an alternative form of 12 limited entry program is appropriate for a fishery subject to this section. 13 (f) Notwithstanding AS 16.43.225, for the purposes of this chapter, 14 (1) an interim-use permit issued under this section shall be treated as 15 an interim-use permit issued under AS 16.43.225; 16 (2) a moratorium established under this section shall be treated as a 17 moratorium established under AS 16.43.225. 18 (g) The commission may not consider participation in a fishery, subject to a 19 moratorium on entry under this section, that occurs during the period of the 20 moratorium in determining eligibility for an entry permit that may be issued for the 21 fishery after termination of the moratorium. 22 * Sec. 3. AS 16.43.260(f) is amended to read: 23 (f) When the commission establishes the maximum number of entry permits 24 under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, 25 an applicant for an entry permit for the fishery shall be assigned to a priority 26 classification based solely upon the applicant's qualifications as of the effective date 27 of the statute or regulation establishing the moratorium. 28 * Sec. 4. AS 16.43.228(a), 16.43.228(b), 16.43.228(c), and 16.43.228(d), added by sec. 2 29 of this Act, are repealed July 1, 2000. 30 * Sec. 5. This Act takes effect July 1, 1996.