SCS 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."
00SENATE CS FOR CS 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 16.43.150(f) is amended to read: 07 (f) Except for permits that are not transferable under AS 16.43.170(c) , [OR] 08 (e), or (i), an entry permit survives the death of the holder. 09 * Sec. 2. AS 16.43.170(b) is amended to read: 10 (b) Except as provided in (c) , [AND] (e) , and (i) of this section, the holder of 11 an entry permit may transfer the permit to another person or to the commission upon 12 60 days notice of intent to transfer under regulations adopted by the commission. No 13 sooner than 60 days nor later than 12 months from the date of notice to the 14 commission, the holder of an entry permit may transfer the permit. If the proposed
01 transferee, other than the commission, can demonstrate the present ability to participate 02 actively in the fishery and the transfer does not violate any provision of this chapter 03 or regulations adopted under it, and if a certificate for the permit under 04 AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) is not in effect, the 05 commission shall approve the transfer and reissue the entry permit to the transferee 06 provided that neither party is prohibited by law from participating in the transfer. 07 * Sec. 3. AS 16.43.170 is amended by adding a new subsection to read: 08 (i) The holder of an entry permit that is subject to regulations adopted under 09 AS 16.43.225(b)(2) may transfer the permit only to the commission. 10 * Sec. 4. AS 16.43.225(a) is repealed and reenacted to read: 11 (a) Subject to (b) of this section, the commission may establish a moratorium 12 on entry of new participants or vessels, or both, into a fishery when the commission 13 finds that the purposes of this chapter under AS 16.43.010(a) would be served. 14 * Sec. 5. AS 16.43.225(b) is repealed and reenacted to read: 15 (b) The commission may establish a moratorium on 16 (1) entry of new participants or vessels, or both, into a fishery as 17 described in (a) of this section in order to 18 (A) allow time for the commission, in consultation with the 19 Department of Fish and Game and the Board of Fisheries, to investigate and 20 evaluate management alternatives, including establishment of a maximum 21 number of entry permits under AS 16.43.240; 22 (B) allow the Department of Fish and Game and the Board of 23 Fisheries to open a fishery or potential fishery that would otherwise remain 24 closed for protection against overharvest resulting from open access into the 25 fishery; or 26 (C) develop regulatory or legislative proposals to address needs 27 of the fishery that cannot be met under existing statutes or regulations; and 28 (2) entry of new participants into a fishery if concurrently with the 29 adoption of regulations establishing the moratorium the commission adopts regulations 30 (A) prohibiting the transfer of any entry permit that may be 31 issued for the fishery at any time following the establishment of the
01 moratorium; and 02 (B) allowing the holder of an entry permit for the fishery to 03 transfer the entry permit only to the commission for reissuance under 04 procedures established by the commission. 05 * Sec. 6. AS 16.43.225(c) is amended to read: 06 (c) The commission may establish a moratorium under this section for a 07 continuous period of up to four years. A moratorium established under this section 08 may be extended for no more than two additional years if necessary to serve a 09 purpose under (b)(1) of this section. After a moratorium has expired, the [A] 10 fishery [THAT HAS BEEN SUBJECT TO A MORATORIUM UNDER THIS 11 SECTION] may not be subjected to a subsequent moratorium under this section unless 12 five years have elapsed [SINCE THE PREVIOUS MORATORIUM EXPIRED]. 13 * Sec. 7. AS 16.43.225(d) is amended to read: 14 (d) While a moratorium is in effect, the commission shall investigate and 15 evaluate management alternatives, including establishment of [CONDUCT 16 INVESTIGATIONS TO DETERMINE WHETHER] a maximum number of entry 17 permits [SHOULD BE ESTABLISHED] under AS 16.43.240 , by 18 (1) conducting research into conditions in the fishery; 19 (2) consulting with the Department of Fish and Game and the Board 20 of Fisheries; and 21 (3) consulting with participants in the fishery and other members of 22 the public . 23 * Sec. 8. AS 16.43.225(e) is amended to read: 24 (e) The commission shall establish by regulation the qualifications for 25 applicants for an interim-use permit , annual vessel permit, or both for a fishery 26 subject to a moratorium under this section. When applicable, the [THE] 27 qualifications must include the minimum requirements for past or present participation 28 and harvest in the fishery as of the qualification date described in AS 16.43.260(f). 29 When establishing a moratorium for a new fishery or for a closed fishery, the 30 commission may use other reasonable standards to determine qualifications 31 consistent with this section, which may include past participation in similar or
01 related fisheries . The commission may not issue an interim-use permit for a fishery 02 subject to a moratorium under this section unless the applicant satisfies [CAN 03 SATISFY] the qualifications established under this subsection and establishes 04 [ESTABLISH] the present ability and intent to participate actively in the fishery. 05 * Sec. 9. AS 16.43.225 is amended by adding new subsections to read: 06 (f) A permit issued under this section is a use privilege that may be modified 07 or revoked by the legislature without compensation. 08 (g) Notwithstanding AS 16.05.815 and AS 16.43.975, the commission may 09 release to a vessel owner information on the vessel's history of harvests in a fishery 10 or other relevant information that is necessary to apply for a vessel permit. 11 (h) The commission may charge a fee for the privileges conveyed by a vessel 12 permit issued in this section. The fee must reasonably reflect the rate of economic 13 return for the relevant fishery, except that, by regulation, the commission may provide 14 for a reduced fee for an applicant who has a family income falling within the federal 15 poverty guidelines as adjusted by the commission to reflect appropriate cost-of-living 16 differentials. 17 (i) Unless provided otherwise by a state statute or regulation, neither a permit 18 issued under this section nor the use of the permit or a permitted vessel in the fishery 19 subject to a moratorium under this section may be used to establish eligibility for a 20 permit in that fishery after the expiration of the moratorium. 21 (j) The commission may adopt regulations providing for the transfer of a 22 vessel permit to another vessel if the original permitted vessel is sunk, destroyed, or 23 damaged to the extent that the vessel is inoperable for the fishery for which the permit 24 is issued. 25 (k) As permitted by federal law and consistent with this chapter, the 26 commission may establish a moratorium in offshore fisheries adjacent to territorial 27 waters of the state. 28 * Sec. 10. AS 16.43.260(f) is amended to read: 29 (f) When the commission establishes the maximum number of entry permits 30 under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, 31 an applicant for an entry permit for the fishery shall be assigned to a priority
01 classification based solely upon the applicant's qualifications as of the [EFFECTIVE] 02 date of the commission's order providing for public notice of the proposed 03 regulatory action to establish [STATUTE OR REGULATION ESTABLISHING] the 04 moratorium. 05 * Sec. 11. AS 16.43.911 is amended by adding a new subsection to read: 06 (f) In this section, "vessel permit" includes a vessel permit issued under 07 AS 16.43.225, 16.43.901, or 16.43.906. 08 * Sec. 12. Section 6, ch. 97, SLA 1997, is amended to read: 09 Sec. 6. AS 16.43.906, added by sec. 3 of this Act, and AS 16.43.911(c) 10 [AS 16.43.911] are repealed July 1, 2001. 11 * Sec. 13. AS 16.05.050(19) and 16.05.251(g) are repealed. 12 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).