txt

CSHJR 38(FSH): Relating to reauthorization of the Magnuson Fishery Conservation and Management Act.

00 CS FOR HOUSE JOINT RESOLUTION NO. 38(FSH)                                                                               
01 Relating to reauthorization of the Magnuson Fishery Conservation and Management                                         
02 Act.                                                                                                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04  WHEREAS the Magnuson Fishery Conservation and Management Act (hereinafter                                              
05 "the Act") established a fishery conservation zone, now known as the exclusive economic zone                            
06 (EEZ), out to 200 miles from the shoreline of Alaska and the other states to protect, conserve,                         
07 and manage the extensive fisheries resources of the continental shelf; and                                              
08  WHEREAS coastal communities of Alaska lie adjacent to, and depend upon, the                                            
09 fishery resources of the federally managed EEZ in the Bering Sea, Gulf of Alaska, and North                             
10 Pacific Ocean off Alaska; and                                                                                           
11  WHEREAS the Act provides for the management of the fishery resources of the EEZ                                        
12 through regional fishery management councils and by the National Marine Fisheries Service;                              
13 and                                                                                                                     
14  WHEREAS the United States Congress is currently considering the reauthorization of                                     
01 the Act; and                                                                                                            
02  WHEREAS several issues of national and regional importance are being considered                                        
03 as part of the reauthorization process for the Act;                                                                     
04  BE IT RESOLVED that the Alaska State Legislature respectfully requests the                                             
05 Congress to reauthorize the Magnuson Fishery Conservation and Management Act with the                                   
06 following provisions:                                                                                                   
07   (1)  authorize the regional fishery management councils to minimize the bycatch                                       
08 of unwanted species, sizes, or sexes of fishery resources and to promote full utilization of                            
09 fishery resources;                                                                                                      
10   (2)  require the regional fishery management councils to establish and                                                
11 implement protections against overfishing of all species of fishery resources;                                          
12   (3)  establish reasonable restrictions on direct, personal, and financial conflicts                                   
13 of interest by members of the regional fishery management councils, provided that those                                 
14 restrictions recognize that minor insignificant conflicts are inevitable and acceptable given the                       
15 nature of the membership of the regional fishery management councils;                                                   
16   (4)  establish a moratorium, for a minimum of three years, upon the                                                   
17 establishment and implementation of individual fishery quota systems for federally managed                              
18 fisheries;                                                                                                              
19   (5)  provide a portion of the annual harvest in a fishery subject to individual                                       
20 transferrable quotas for entry level fishermen or small vessel owners who do not hold                                   
21 individual transferrable quotas;                                                                                        
22   (6)  require a portion of fees or rents collected from federally managed fisheries                                    
23 be distributed to the adjacent coastal states for fishery conservation and management purposes;                         
24   (7)  require that the federal fee system for federally managed fisheries allow                                        
25 a deduction for other local, state, and federal fishing fees and taxes that are paid by fishermen;                      
26   (8)  amend 16 U.S.C. 1856 to authorize the extension of state jurisdiction into                                       
27 the exclusive economic zone when a North Pacific Fishery Management Council fishery                                     
28 management plan does not exist; and                                                                                     
29   (9)  authorize the establishment and implementation of community development                                          
30 quota or community protection set-aside programs for the Bering Sea and Aleutian Islands                                
31 areas to aid fishery development and recognize the economic dependence of coastal                                       
01 communities upon fishing; and be it                                                                                     
02  FURTHER RESOLVED by the Alaska State Legislature that fees, taxes, or royalties                                        
03 levied on the harvesting or processing of fishery resources in the exclusive economic zone                              
04 must recognize and give credit for other federal, state, and local fees, taxes, and royalties also                      
05 levied on those same activities and that revenue derived from fees, taxes, or royalties levied                          
06 on the harvesting or processing of fishery resources in the exclusive economic zone be utilized                         
07 for the management, enforcement, research, and administration of fishery programs in the                                
08 areas where the revenue was derived; and be it                                                                          
09  FURTHER RESOLVED by the Alaska State Legislature that the National Marine                                              
10 Fisheries Service should receive the funding necessary to provide the regional fishery                                  
11 management councils with sufficient biological information to implement controls against                                
12 overfishing and with the research needed to understand and manage fishery resources; and be                             
13 it                                                                                                                      
14  FURTHER RESOLVED that the Alaska State Legislature respectfully opposes any                                            
15 proposal to alter the established composition of the North Pacific Fishery Management                                   
16 Council.                                                                                                                
17  COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Chair,                                       
18 United States Senate, Committee on Energy and Natural Resources; the Honorable Don                                      
19 Young, Chair, United States House of Representatives, Committee on Resources; and to the                                
20 Honorable Ted Stevens,  Chair, United States Senate Subcommittee on Oceans and Fisheries                                
21 of the Committee on Commerce, Science, and Transportation.