SB 42: "An Act relating to restrictions attached to certain commercial fisheries limited entry permits."

00SENATE BILL NO. 42 01 "An Act relating to restrictions attached to certain commercial fisheries limited 02 entry permits." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS. The legislature finds that 05 (1) limited entry is an important state management tool to promote 06 conservation and sustained yield management of fisheries resources of the state and to 07 preserve and sustain the benefits of fisheries development for Alaska; 08 (2) there is a need for effective access restrictions; however, in some fisheries 09 access restrictions alone do not adequately control post-limitation increases in fishing capacity 10 and effort; 11 (3) restricting the fishing capacity associated with entry permits for a particular 12 fishery would make a portion of the entry permits for that fishery more affordable for entry 13 level fishermen; 14 (4) this Act allows the Alaska Commercial Fisheries Entry Commission to

01 "grandfather" participants into newly limited fisheries at levels of fishing capacity that reflect 02 each participant's historic level of participation before limitation; and 03 (5) this Act does not alter or limit the powers of the Board of Fisheries to 04 impose additional restrictions on fishing capacity. 05 * Sec. 2. AS 16.43.150(a) is amended to read: 06  (a) Except as may be otherwise provided under AS 16.43.270(d), an 07 [EACH] entry permit authorizes the permittee to operate a unit of gear within a 08 specified fishery. 09 * Sec. 3. AS 16.43.270 is amended by adding a new subsection to read: 10  (d) The commission may restrict the fishing capacity employed under an entry 11 permit if, before the initial issuance of entry permits for a fishery, the commission 12 determines that the fishing capacity in the fishery must be limited to achieve the 13 purposes of this chapter, establishes criteria for determining the fishing capacity that 14 is allowed under an entry permit, and establishes how fishing capacity will be 15 measured. The maximum fishing capacity allowed under an entry permit must be 16 based upon past participation in the fishery by the initial recipient of the entry permit 17 during a period, specified by the commission, preceding the qualification date 18 established under AS 16.43.260. The commission may define fishing capacity in terms 19 of quantity of fishing gear, a proportion of the maximum amount of gear that can be 20 utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size 21 or other characteristics, or other factors determined by the commission to affect the 22 amount of fishing effort in the fishery. The fishing capacity allowed under an entry 23 permit may not be changed after the permit is issued. The recipient or transferee of 24 an entry permit issued subject to this subsection may not exceed the fishing capacity 25 allowed under the entry permit.