00 CS FOR HOUSE BILL NO. 547(RES) am S 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) the Southeast Alaska dive fisheries for sea cucumber, abalone, and geoduck 06 may be approaching or exceeding the maximum sustainable harvest levels for these fishery 07 resources in the areas where the fisheries occur; 08 (2) the number of divers participating in the Southeast Alaska dive fisheries 09 was precariously high at the end of 1995; 10 (3) a moratorium on entry into the Southeast Alaska dive fisheries is necessary 11 to allow a proper review and analysis of the sea cucumber, abalone, geoduck, and sea urchin 12 fisheries before permanent damage is done to these fishery resources due to the accelerated 13 growth in participation in these fisheries; 14 (4) in recent years the Southeast Alaska dive fishery for sea urchin could not 01 be opened due to the lack of research and management tools and concern that a large number 02 of new divers would be difficult to manage and may threaten the sustained yield management 03 of the sea urchin resource; 04 (5) individuals who participated in the abalone, sea cucumber, and geoduck 05 fisheries in Southeast Alaska during 1994 and 1995, would have been likely to participate in 06 a sea urchin fishery during those years if a fishery had occurred; 07 (6) current economic dependence on a fishery is best demonstrated by recent 08 participation in, and economic reliance upon, a fishery; 09 (7) information currently available is insufficient to conclude whether entry 10 limitation under AS 16.43 would serve the purposes of AS 16.43; 11 (8) a moratorium on entry into the Southeast Alaska dive fisheries is necessary 12 to provide an opportunity to investigate alternative means of fishing effort regulation that may 13 be more appropriate for these fisheries; 14 (9) it is in the best interests of the state, the communities, and the fishing 15 industry that appropriate management options for the various dive fisheries be identified and 16 implemented as soon as possible in order that the entry moratorium on any or all of the dive 17 fisheries may be lifted; 18 (10) the Southeast Alaska dive fisheries have reached a level of participation 19 that may threaten the conservation of the sea cucumber, abalone, geoduck, and sea urchin 20 resources and the economic health and stability of the sea cucumber, abalone, geoduck, and 21 sea urchin fisheries; and 22 (11) the Alaska Commercial Fisheries Entry Commission has insufficient 23 information to determine whether the establishment of a maximum number of entry permits 24 for the Southeast Alaska dive fisheries under AS 16.43.240 would further the purposes of 25 AS 16.43. 26 * Sec. 2. AS 16.43 is amended by adding a new section to read: 27  Sec. 16.43.228. SOUTHEAST ALASKA DIVE FISHERIES. (a) A person 28 may not take sea cucumber in the Southeast Alaska sea cucumber fishery without an 29 interim-use permit issued by the commission. The commission may not issue an 30 interim-use permit for the Southeast Alaska sea cucumber fishery unless the applicant 31 presents proof satisfactory to the commission that 01  (1) during calendar year 1994 or 1995 the applicant commercially 02 harvested sea cucumber in the Southeast Alaska sea cucumber fishery while holding 03 an interim-use permit for the Southeast Alaska sea cucumber fishery; or 04  (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 05 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea 06 urchin in Southeast Alaska while holding the appropriate interim-use permit. 07  (b) A person may not take abalone in the Southeast Alaska abalone fishery 08 without an interim-use permit issued by the commission. The commission may not 09 issue an interim-use permit for the Southeast Alaska abalone fishery unless the 10 applicant presents proof satisfactory to the commission that 11  (1) during calendar year 1994 or 1995 the applicant commercially 12 harvested abalone in the Southeast Alaska abalone fishery while holding an interim-use 13 permit for the Southeast Alaska abalone fishery; or 14  (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 15 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea 16 urchin in Southeast Alaska while holding the appropriate interim-use permit. 17  (c) A person may not take geoduck in the Southeast Alaska geoduck fishery 18 without an interim-use permit issued by the commission. The commission may not 19 issue an interim-use permit for the Southeast Alaska geoduck fishery unless the 20 applicant presents proof satisfactory to the commission that 21  (1) between January 1, 1994, and January 31, 1996, the applicant 22 commercially harvested geoduck in the Southeast Alaska geoduck fishery while 23 holding an interim-use permit for the Southeast Alaska geoduck fishery; or 24  (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 25 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea 26 urchin in Southeast Alaska while holding the appropriate interim-use permit. 27  (d) A person may not take sea urchin in the Southeast Alaska sea urchin 28 fishery without an interim-use permit issued by the commission. The commission may 29 not issue an interim-use permit for the Southeast Alaska sea urchin fishery unless the 30 applicant presents proof satisfactory to the commission that 31  (1) during calendar year 1992 or 1993, the applicant commercially 01 harvested sea urchin in the Southeast Alaska sea urchin fishery while holding the 02 appropriate interim-use permit; 03  (2) during calendar year 1994 or 1995, the applicant commercially 04 harvested sea cucumber or abalone in the Southeast Alaska sea cucumber or abalone 05 fishery while holding the appropriate interim-use permit; or 06  (3) between January 1, 1994, and January 31, 1996, the applicant 07 commercially harvested geoduck in the Southeast Alaska geoduck fishery while 08 holding an interim-use permit for the Southeast Alaska geoduck fishery. 09  (e) During the four years that a moratorium established by this section is in 10 effect, the commission shall 11  (1) issue interim-use permits for each fishery subject to (a) - (d) of this 12 section to applicants who satisfy the appropriate qualifications established under (a) - 13 (d) of this section and who establish the present ability and intent to participate 14 actively in the fishery; 15  (2) conduct investigations to determine whether a maximum number 16 of entry permits should be established under AS 16.43.240 for each fishery subject to 17 this section by 18  (A) conducting research into conditions in the fishery; 19  (B) consulting with the Department of Fish and Game and the 20 Board of Fisheries; and 21  (C) consulting with participants in the fishery; and 22  (3) in cooperation with the Department of Fish and Game, conduct 23 investigations to determine whether an alternative form of a nontransferable limited 24 entry or other management program is appropriate for a fishery subject to this section. 25  (f) Notwithstanding AS 16.43.225, for the purposes of this chapter, 26  (1) an interim-use permit issued under this section shall be treated as 27 an interim-use permit issued under AS 16.43.225; 28  (2) a moratorium established under this section shall be treated as a 29 moratorium established under AS 16.43.225. 30  (g) The commission may not consider participation in a fishery, subject to a 31 moratorium on entry under this section, that occurs during the period of the 01 moratorium in determining eligibility for an entry permit that may be issued for the 02 fishery after termination of the moratorium. 03 * Sec. 3. AS 16.43.260(f) is amended to read: 04  (f) When the commission establishes the maximum number of entry permits 05 under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, 06 an applicant for an entry permit for the fishery shall be assigned to a priority 07 classification based solely upon the applicant's qualifications as of the effective date 08 of the statute or regulation establishing the moratorium. 09 * Sec. 4. AS 16.43.228(a), 16.43.228(b), 16.43.228(c), and 16.43.228(d), added by sec. 2 10 of this Act, are repealed July 1, 2000. 11 * Sec. 5. This Act takes effect July 1, 1996.