HB 547: "An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date."
00HOUSE BILL NO. 547 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) the Southeast Alaska dive fishery for sea urchin cannot be opened due to 04 the lack of research and management tools and concern that a large number of new divers 05 would be difficult to manage and may threaten the sustained yield management of the sea 06 urchin resource; 07 (6) information currently available is insufficient to conclude whether entry 08 limitation under AS 16.43 would serve the purposes of AS 16.43; 09 (7) a moratorium on entry into the Southeast Alaska dive fisheries is necessary 10 to provide an opportunity to investigate alternative means of fishing effort regulation that may 11 be more appropriate for these fisheries; 12 (8) the Southeast Alaska dive fisheries have reached a level of participation 13 that may threaten the conservation of the sea cucumber, abalone, geoduck, and sea urchin 14 resources and the economic health and stability of the sea cucumber, abalone, geoduck, and 15 sea urchin fisheries; and 16 (9) the Alaska Commercial Fisheries Entry Commission has insufficient 17 information to determine whether the establishment of a maximum number of entry permits 18 for the Southeast Alaska dive fisheries under AS 16.43.240 would further the purposes of 19 AS 16.43. 20 * Sec. 2. AS 16.43 is amended by adding a new section to read: 21 Sec. 16.43.228. SOUTHEAST ALASKA DIVE FISHERIES. (a) A person 22 may not take sea cucumber in the Southeast Alaska sea cucumber fishery without an 23 interim-use permit issued by the commission. The commission may not issue an 24 interim-use permit for the Southeast Alaska sea cucumber fishery unless the applicant 25 presents proof satisfactory to the commission that during calendar year 1994 or 1995 26 the applicant commercially harvested sea cucumber in the Southeast Alaska sea 27 cucumber fishery while holding an interim-use permit for the Southeast Alaska sea 28 cucumber fishery. 29 (b) A person may not take abalone in the Southeast Alaska abalone fishery 30 without an interim-use permit issued by the commission. The commission may not 31 issue an interim-use permit for the Southeast Alaska abalone fishery unless the
01 applicant presents proof satisfactory to the commission that during calendar year 1994 02 or 1995 the applicant commercially harvested abalone in the Southeast Alaska abalone 03 fishery while holding an interim-use permit for the Southeast Alaska abalone fishery. 04 (c) A person may not take geoduck in the Southeast Alaska geoduck fishery 05 without an interim-use permit issued by the commission. The commission may not 06 issue an interim-use permit for the Southeast Alaska geoduck fishery unless the 07 applicant presents proof satisfactory to the commission that between January 1, 1994, 08 and January 31, 1996, the applicant commercially harvested geoduck in the Southeast 09 Alaska geoduck fishery while holding an interim-use permit for the Southeast Alaska 10 geoduck fishery. 11 (d) A person may not take sea urchin in the Southeast Alaska sea urchin 12 fishery without an interim-use permit issued by the commission. The commission may 13 not issue an interim-use permit for the Southeast Alaska sea urchin fishery unless the 14 applicant presents proof satisfactory to the commission that 15 (1) during calendar year 1994 or 1995, the applicant commercially 16 harvested sea cucumber or abalone in the Southeast Alaska sea cucumber or abalone 17 fishery while holding the appropriate interim-use permit; or 18 (2) between January 1, 1994, and January 31, 1996, the applicant 19 commercially harvested geoduck in the Southeast Alaska geoduck fishery while 20 holding an interim-use permit for the Southeast Alaska geoduck fishery. 21 (e) During the four years that a moratorium established by this section is in 22 effect, the commission shall 23 (1) issue interim-use permits for each fishery subject to (a) - (d) of this 24 section to applicants who satisfy the appropriate qualifications established under (a) - 25 (d) of this section and who establish the present ability and intent to participate 26 actively in the fishery; 27 (2) conduct investigations to determine whether a maximum number 28 of entry permits should be established under AS 16.43.240 for each fishery subject to 29 this section by 30 (A) conducting research into conditions in the fishery; 31 (B) consulting with the Department of Fish and Game and the
01 Board of Fisheries; and 02 (C) consulting with participants in the fishery; and 03 (3) conduct investigations to determine whether an alternative form of 04 limited entry program is appropriate for a fishery subject to this section. 05 (f) Notwithstanding AS 16.43.225, for the purposes of this chapter, 06 (1) an interim-use permit issued under this section shall be treated as 07 an interim-use permit issued under AS 16.43.225; 08 (2) a moratorium established under this section shall be treated as a 09 moratorium established under AS 16.43.225. 10 (g) The commission may not consider participation in a fishery, subject to a 11 moratorium on entry under this section, that occurs during the period of the 12 moratorium in determining eligibility for an entry permit that may be issued for the 13 fishery after termination of the moratorium. 14 * Sec. 3. AS 16.43.260(f) is amended to read: 15 (f) When the commission establishes the maximum number of entry permits 16 under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, 17 an applicant for an entry permit for the fishery shall be assigned to a priority 18 classification based solely upon the applicant's qualifications as of the effective date 19 of the statute or regulation establishing the moratorium. 20 * Sec. 4. AS 16.43.228(a), 16.43.228(b), 16.43.228(c), and 16.43.228(d), added by sec. 2 21 of this Act, are repealed July 1, 2000. 22 * Sec. 5. This Act takes effect July 1, 1996.