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

00 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS)                                                                 
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 (Act)                                                     
05 established a fishery conservation zone, now known as the exclusive economic zone (EEZ),                                
06 out to 200 miles from the shoreline of Alaska and the other states to protect, conserve, and                            
07 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, in October 1995, the United States House of Representatives                                                   
01 overwhelmingly passed H.R. 39, Congressman Don Young's bill to reauthorize the Act, with                                
02 strong conservation provisions and language protecting Alaska's family fishing operations, and                          
03 the United States Senate is currently considering the reauthorization of the Act; and                                   
04  WHEREAS several issues of national and regional importance are being considered                                        
05 as part of the reauthorization process for the Act;                                                                     
06  BE IT RESOLVED that the Alaska State Legislature respectfully requests the                                             
07 Congress to reauthorize the Magnuson Fishery Conservation and Management Act with the                                   
08 following provisions to                                                                                                 
09   (1)  authorize the regional fishery management councils to minimize the bycatch                                       
10 of unwanted species, sizes, or sexes of fishery resources and to promote full utilization of                            
11 fishery resources;                                                                                                      
12   (2)  prohibit regional fishery management councils from setting fishing levels                                        
13 above the sustainable yield, and require the councils to establish measurable and objective                             
14 criteria to determine what constitutes overfishing in a fishery while also establishing rebuilding                      
15 programs for a fishery that meets the criteria for overfishing;                                                         
16   (3)  require regional fishery management councils to identify essential fish                                          
17 habitat for each fishery management plan and to implement conservation and management                                   
18 measures to protect that habitat from adverse effects;                                                                  
19   (4)  establish reasonable restrictions on direct, personal, and financial conflicts                                   
20 of interest by members of the regional fishery management councils, provided that those                                 
21 restrictions recognize that minor insignificant conflicts are inevitable and acceptable given the                       
22 nature of the membership of the regional fishery management councils;                                                   
23   (5)  establish a moratorium, for the duration of this reauthorization of the Act,                                     
24 upon the establishment and implementation of individual fishery quota systems for federally                             
25 managed fisheries and a prohibition against the development of a new individual fishery quota                           
26 system for the duration of this reauthorization of the Act;                                                             
27   (6)  provide a portion of the annual harvest in a fishery subject to individual                                       
28 fishery quotas for entry level fishermen or small vessel owners who do not hold individual                              
29 fishery quotas;                                                                                                         
30   (7)  require a portion of any fees or rents collected from federally managed                                          
31 fisheries be distributed to the adjacent coastal states for fishery conservation and management                         
01 purposes;                                                                                                               
02   (8)  require that any federal fee system for federally managed fisheries allow                                        
03 a deduction for other local, state, and federal fishing fees and taxes that are paid by fishermen;                      
04   (9)  amend 16 U.S.C. 1856 to authorize the extension of state jurisdiction into                                       
05 the exclusive economic zone when a North Pacific Fishery Management Council fishery                                     
06 management plan does not exist; and                                                                                     
07   (10)  authorize the establishment and implementation of community                                                     
08 development quota or community protection set-aside programs for the Bering Sea and                                     
09 Aleutian Islands areas to aid fishery development and recognize the economic dependence of                              
10 coastal communities upon fishing; and be it                                                                             
11  FURTHER RESOLVED by the Alaska State Legislature that fees, taxes, or royalties                                        
12 levied on the harvesting or processing of fishery resources in the exclusive economic zone                              
13 must recognize and give credit for other federal, state, and local fees, taxes, and royalties also                      
14 levied on those same activities and that revenue derived from fees, taxes, or royalties levied                          
15 on the harvesting or processing of fishery resources in the exclusive economic zone be utilized                         
16 for the management, enforcement, research, and administration of fishery programs in the                                
17 areas where the revenue was derived; and be it                                                                          
18  FURTHER RESOLVED by the Alaska State Legislature that the National Marine                                              
19 Fisheries Service should receive the funding necessary to provide the regional fishery                                  
20 management councils with sufficient biological information to implement controls against                                
21 overfishing and with the research needed to understand and manage fishery resources; and be                             
22 it                                                                                                                      
23  FURTHER RESOLVED that the Alaska State Legislature respectfully opposes any                                            
24 proposal to alter the established composition of the North Pacific Fishery Management                                   
25 Council.                                                                                                                
26  COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Chair,                                       
27 United States Senate, Committee on Energy and Natural Resources; the Honorable Don                                      
28 Young, Chair, United States House of Representatives, Committee on Resources; and to the                                
29 Honorable Ted Stevens,  Chair, United States Senate Subcommittee on Oceans and Fisheries                                
30 of the Committee on Commerce, Science, and Transportation.