CSHB 104(FSH) AM: "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 in regard to a moratorium on participants or vessels, or both, in certain fisheries; and providing for an effective date."
00CS FOR HOUSE BILL NO. 104(FSH) am 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 in regard to a moratorium on participants or vessels, or both, in certain fisheries; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.43.220 is amended by adding a new subsection to read: 07 (d) An interim-use permit issued for a fishery subject to a moratorium on entry 08 of new participants into a fishery under AS 16.43.225 may not be transferred except 09 as provided for by emergency transfers under AS 16.43.180. 10 * Sec 2. AS 16.43.225(a) is repealed and reenacted to read: 11 (a) The commission may establish a moratorium on entry of new participants 12 or vessels, or both, into a fishery, if the commission finds that a moratorium is 13 necessary 14 (1) to promote the conservation and sustained yield management of the
01 state's fishery resource and the economic health and stability of commercial fishing in 02 the state; and 03 (2) for one or more of the following purposes: 04 (A) to allow time for the commission, in consultation with the 05 Department of Fish and Game and the Board of Fisheries, as appropriate, to 06 investigate and evaluate management alternatives, including establishment of 07 a maximum number of entry permits under AS 16.43.240; 08 (B) to allow the commission time to develop regulatory or 09 legislative proposals to address needs of the fishery that cannot be met under 10 existing statutes or regulations; 11 (C) to allow the Department of Fish and Game and the Board 12 of Fisheries to open a fishery or potential fishery that would otherwise remain 13 closed for protection against over harvest resulting from open access into the 14 fishery. 15 * Sec. 3. AS 16.43.225(c) is amended to read: 16 (c) The commission may establish a moratorium under this section for a 17 continuous period of up to four years. A moratorium established under this section 18 may be extended for no more than two additional years if necessary to serve a 19 purpose described under (a) of this section. After a moratorium on entry of new 20 participants or vessels into a fishery has expired, the fishery [THAT HAS BEEN 21 SUBJECT TO A MORATORIUM UNDER THIS SECTION] may not be subjected 22 to a subsequent moratorium on entry of either new participants or new vessels into 23 the fishery [UNDER THIS SECTION] unless five years have elapsed [SINCE THE 24 PREVIOUS MORATORIUM EXPIRED]. 25 * Sec. 4. AS 16.43.225(d) is amended to read: 26 (d) While a moratorium is in effect, the commission shall investigate and 27 evaluate management alternatives, including establishment of [CONDUCT 28 INVESTIGATIONS TO DETERMINE WHETHER] a maximum number of entry 29 permits [SHOULD BE ESTABLISHED] under AS 16.43.240 , by 30 (1) conducting research into conditions in the fishery; 31 (2) consulting with the Department of Fish and Game and the Board
01 of Fisheries; and 02 (3) consulting with participants in the fishery and other members of 03 the public . 04 * Sec. 5. AS 16.43.225(e) is repealed and reenacted to read: 05 (e) The commission shall establish, by regulation, the eligibility criteria for 06 applicants for an interim-use permit, interim-use vessel permit, or both, for a fishery 07 subject to a moratorium under this section. The eligibility criteria for an interim-use 08 permit for a fishery that is subject to a moratorium for a purpose described under 09 (a)(2)(A) or (B) of this section must address the minimum requirements for past or 10 present participation and harvest in the fishery as of a qualification date described in 11 AS 16.43.260(f)(1) or (2). When establishing the eligibility criteria for an interim-use 12 permit for a fishery that is subject to a moratorium solely for the purpose described 13 under (a)(2)(C) of this section, the commission may establish the criteria based upon 14 (1) the minimum requirements for past or present participation and 15 harvest 16 (A) in the fishery as of the qualification date described in 17 AS 16.43.260(f)(1) or (2); or 18 (B) in a similar or related fishery if the fishery for which the 19 interim-use permit is being considered has either remained closed in years 20 immediately before the qualification date or has never been open; or 21 (2) a combination of the minimum requirements for past or present 22 participation in the fisheries described in (1)(A) and (B) of this subsection. 23 * Sec. 6. AS 16.43.225 is amended by adding new subsections to read: 24 (f) The commission may not issue an interim-use permit or an interim-use 25 vessel permit for a fishery subject to a moratorium under this section unless the 26 applicant satisfies the qualifications established under (e) of this section and establishes 27 the present ability and intent to participate actively in the fishery. 28 (g) A permit issued under this section is a use privilege that may be modified 29 or revoked by law without compensation. 30 (h) The commission may charge a fee for the privileges conveyed by an 31 interim-use vessel permit issued under this section. The fee must reasonably reflect
01 the rate of economic return for the relevant fishery, except that, by regulation, the 02 commission may provide for a reduced fee for an applicant who has a family income 03 falling within the federal poverty guidelines as adjusted by the commission to reflect 04 appropriate cost-of-living differentials. 05 (i) Unless provided otherwise by a state statute or regulation, neither an 06 interim-use permit or an interim-use vessel permit issued under this section nor the use 07 of the permit or a permitted vessel in a fishery subject to a moratorium under this 08 section may be used to establish eligibility for a permit in the fishery after the 09 expiration of the moratorium. 10 (j) The commission may adopt regulations providing for the transfer of an 11 interim-use vessel permit to another vessel if the original permitted vessel is sunk, 12 destroyed, or damaged to the extent that the vessel is inoperable for the fishery for 13 which the permit is issued. An interim-use vessel permit holder may not transfer an 14 interim-use vessel permit to another person or entity. 15 (k) As permitted by federal law and consistent with this chapter, the 16 commission may establish a moratorium on entry of new participants or vessels, or 17 both, into offshore fisheries adjacent to territorial waters of the state. 18 (l) In addition to the penalties imposed under AS 16.43.960, the commission 19 may also revoke, suspend, or transfer all interim-use vessel permits for violations under 20 AS 16.43.960(a). 21 (m) In addition to the penalties imposed under AS 16.43.970(a), upon a first 22 or second conviction under AS 16.43.970, the court may in its discretion order a 23 forfeiture of interim-use vessel permits and a loss of eligibility for future issuance of 24 interim-use vessel permits, or order a suspension for a period of not more than three 25 years of fishing rights under interim-use vessel permits held or to be held. Upon a 26 third conviction under AS 16.43.970, all interim-use vessel permits held are forfeited, 27 and the vessel for which the permits are issued loses eligibility for future issuance of 28 interim-use vessel permits for a period of three years. 29 (n) Notwithstanding AS 16.05.815 and AS 16.43.975, the commission may 30 release to the owner of a vessel information on the vessel's history of harvests in a 31 fishery that is necessary to apply for an interim-use vessel permit under this section.
01 (o) This section does not alter the requirement for an interim-use permit or 02 entry permit under AS 16.43.140 or a vessel license under AS 16.05.490 - 16.05.530. 03 (p) Nothing in this section limits the powers of the Board of Fisheries or the 04 Department of Fish and Game. 05 (q) The commission shall annually inform the Board of Fisheries and the 06 Department of Fish and Game of 07 (1) petitions received by the commission that request the commission 08 to adopt regulations establishing a moratorium on entry of new participants or vessels 09 into a fishery and the action taken by the commission in response to each petition; 10 (2) the fisheries that are currently subject to a moratorium on entry of 11 new participants or vessels; 12 (3) the status of investigations to determine whether a maximum 13 number of entry permits should be established for a fishery that is currently subject to 14 a moratorium on new entrants; and 15 (4) the fisheries that are currently subject to a moratorium on new 16 entrants for which the commission has determined that the level of participation in the 17 fishery requires that entry into the fishery be limited in order to achieve the purposes 18 of this chapter. 19 * Sec. 7. AS 16.43.260(f) is amended to read: 20 (f) When the commission establishes the maximum number of entry permits 21 under AS 16.43.240 for a fishery that is subject to a moratorium on entry of new 22 participants under AS 16.43.225, the commission shall determine which one of the 23 following three dates listed in (1) - (3) of this subsection shall be used to 24 determine the priority classification among applicants. Each [AN] applicant for 25 an entry permit for the fishery shall be assigned to a priority classification based on 26 [SOLELY UPON] the applicant's qualifications as of 27 (1) January 1 of the year during which the commission established 28 the moratorium; 29 (2) the date of the commission's order providing for public notice 30 of the proposed regulatory action to establish the moratorium; or 31 (3) the date of the commission's order providing for public notice
01 of the proposed regulatory action to establish the maximum number [THE 02 EFFECTIVE DATE OF THE STATUTE OR REGULATION ESTABLISHING THE 03 MORATORIUM]. 04 * Sec. 8. AS 16.43.911 is amended by adding a new subsection to read: 05 (f) A moratorium on the entry of new vessels into a fishery described under 06 AS 16.43.901 or 16.43.906 may be extended for not more than two additional years 07 if necessary to serve a purpose for which the respective moratorium under 08 AS 16.43.901 or 16.43.906 was established. The extension of a moratorium under this 09 subsection supersedes a contrary provision of AS 16.43.901 or 16.43.906. 10 * Sec. 9. REPEAL OF AS 16.43.901. (a) Section 5, ch. 126, SLA 1996, as amended by 11 sec. 5 ch. 97, SLA 1997, is repealed. 12 (b) If before July 1, 2000, the Alaska Commercial Fisheries Entry Commission 13 (1) exercises its authority under AS 16.43.911(f), added by sec. 8 of this Act, 14 to extend a moratorium on entry of new vessels into a fishery described under AS 16.43.901, 15 then AS 16.43.901 is repealed on the earlier of 16 (A) the termination of the extended moratorium established by the 17 commission under AS 16.43.911(f), added by sec. 8 of this Act; or 18 (B) July 1, 2002; or 19 (2) does not exercise its authority under AS 16.43.911(f), added by sec. 8 of 20 this Act, to extend a moratorium on entry of new vessels into a fishery described under 21 AS 16.43.901, then AS 16.43.901 is repealed July 1, 2000. 22 * Sec. 10. REPEAL OF AS 16.43.906. (a) Section 6, ch. 97, SLA 1997, is repealed. 23 (b) If before July 1, 2001, the Alaska Commercial Fisheries Entry Commission 24 (1) exercises its authority under AS 16.43.911(f), added by sec. 8 of this Act, 25 to extend a moratorium on entry of new vessels into a fishery described under AS 16.43.906, 26 then AS 16.43.906 is repealed on the earlier of 27 (A) the termination of the extended moratorium established by the 28 commission under AS 16.43.911(f), added by sec. 8 of this Act; or 29 (B) July 1, 2003; or 30 (2) does not exercise its authority under AS 16.43.911(f), added by sec. 8 of 31 this Act, to extend a moratorium on entry of new vessels into a fishery described under
01 AS 16.43.906, then AS 16.43.906 is repealed July 1, 2001. 02 * Sec. 11. REPEAL OF AS 16.43.911. AS 16.43.911 is repealed on the later of the date 03 of repeal of AS 16.43.901 or the date of repeal of AS 16.43.906. 04 * Sec. 12. AS 16.05.050(a)(19), 16.05.251(g); and AS 16.43.225(b) are repealed. 05 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).