CSHB 204(RES): "An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date."
00CS FOR HOUSE BILL NO. 204(RES) 01 "An Act revising the procedures and authority of the Alaska Commercial Fisheries 02 Entry Commission, the Board of Fisheries, and the Department of Fish and Game 03 to establish a moratorium on participants or vessels, or both, participating in 04 certain fisheries; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.43.225(a) is repealed and reenacted to read: 07 (a) Subject to (b) of this section, the commission may establish a moratorium 08 on entry of new participants or vessels, or both, into a fishery when the commission 09 finds that the purposes of this chapter under AS 16.43.010(a) would be served. 10 * Sec. 2. AS 16.43.225(b) is repealed and reenacted to read: 11 (b) The commission may establish a moratorium on entry into a fishery as 12 described in (a) of this section in order to 13 (1) allow time for the commission, in consultation with the Department 14 of Fish and Game and the Board of Fisheries, to investigate and evaluate management
01 alternatives, including establishment of a maximum number of entry permits under 02 AS 16.43.240; 03 (2) allow the Department of Fish and Game and the Board of Fisheries 04 to open a fishery or potential fishery that would otherwise remain closed for protection 05 against overharvest resulting from open access into the fishery; or 06 (3) develop regulatory or legislative proposals to address needs of the 07 fishery that cannot be met under existing statutes or regulations. 08 * Sec. 3. AS 16.43.225(c) is amended to read: 09 (c) The commission may establish a moratorium under this section for a 10 continuous period of up to four years. A moratorium established under this section 11 may be extended for no more than two additional years if necessary to serve a 12 purpose under (b) of this section. After a moratorium has expired, the [A] fishery 13 [THAT HAS BEEN SUBJECT TO A MORATORIUM UNDER THIS SECTION] may 14 not be subjected to a subsequent moratorium under this section unless five years have 15 elapsed [SINCE THE PREVIOUS MORATORIUM EXPIRED]. 16 * Sec. 4. AS 16.43.225(d) is amended to read: 17 (d) While a moratorium is in effect, the commission shall investigate and 18 evaluate management alternatives, including establishment of [CONDUCT 19 INVESTIGATIONS TO DETERMINE WHETHER] a maximum number of entry 20 permits [SHOULD BE ESTABLISHED] under AS 16.43.240, by 21 (1) conducting research into conditions in the fishery; 22 (2) consulting with the Department of Fish and Game and the Board 23 of Fisheries; and 24 (3) consulting with participants in the fishery and other members of 25 the public. 26 * Sec. 5. AS 16.43.225(e) is amended to read: 27 (e) The commission shall establish by regulation the qualifications for 28 applicants for an interim-use permit, annual vessel permit, or both for a fishery 29 subject to a moratorium under this section. When applicable, the [THE] 30 qualifications must include the minimum requirements for past or present participation 31 and harvest in the fishery as of the qualification date described in AS 16.43.260(f).
01 When establishing a moratorium for a new fishery or for a closed fishery, the 02 commission may use other reasonable standards to determine qualifications 03 consistent with this section, which may include past participation in similar or 04 related fisheries. The commission may not issue an interim-use permit for a fishery 05 subject to a moratorium under this section unless the applicant satisfies [CAN 06 SATISFY] the qualifications established under this subsection and establishes 07 [ESTABLISH] the present ability and intent to participate actively in the fishery. 08 * Sec. 6. AS 16.43.225 is amended by adding new subsections to read: 09 (f) A permit issued under this section is a use privilege that may be modified 10 or revoked by the legislature without compensation. 11 (g) Notwithstanding AS 16.05.815 and AS 16.43.975, the commission may 12 release to a vessel owner information on the vessel's history of harvests in a fishery 13 or other relevant information that is necessary to apply for a vessel permit. 14 (h) The commission may charge a fee for the privileges conveyed by a vessel 15 permit issued in this section. The fee must reasonably reflect the rate of economic 16 return for the relevant fishery, except that, by regulation, the commission may provide 17 for a reduced fee for an applicant who has a family income falling within the federal 18 poverty guidelines as adjusted by the commission to reflect appropriate cost-of-living 19 differentials. 20 (i) Unless provided otherwise by a state statute or regulation, neither a permit 21 issued under this section nor the use of the permit or a permitted vessel in the fishery 22 subject to a moratorium under this section may be used to establish eligibility for a 23 permit in that fishery after the expiration of the moratorium. 24 (j) The commission may adopt regulations providing for the transfer of a 25 vessel permit to another vessel if the original permitted vessel is sunk, destroyed, or 26 damaged to the extent that the vessel is inoperable for the fishery for which the permit 27 is issued. 28 (k) As permitted by federal law and consistent with this chapter, the 29 commission may establish a moratorium in offshore fisheries adjacent to territorial 30 waters of the state. 31 * Sec. 7. AS 16.43.260(f) is amended to read:
01 (f) When the commission establishes the maximum number of entry permits 02 under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, 03 an applicant for an entry permit for the fishery shall be assigned to a priority 04 classification based solely upon the applicant's qualifications as of the [EFFECTIVE] 05 date of the commission's order providing for public notice of the proposed 06 regulatory action to establish [STATUTE OR REGULATION ESTABLISHING] the 07 moratorium. 08 * Sec. 8. AS 16.43.911 is amended by adding a new subsection to read: 09 (f) In this section, "vessel permit" includes a vessel permit issued under 10 AS 16.43.225 or 16.43.901. 11 * Sec. 9. Section 5, ch. 126, SLA 1996, is amended to read: 12 Sec. 5. AS 16.43.901 and 16.43.911(c) [16.43.911], added by sec. 3 of this 13 Act, are repealed July 1, 2000. 14 * Sec. 10. AS 16.05.050(19) and 16.05.251(g) are repealed. 15 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).