Section 16.43.225. Moratorium on new entrants into certain fisheries.

   (a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery
        (1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;
        (2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and
        (3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery.
   (b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if
        (1) the commissioner of fish and game, subject to AS 16.05.251(g), petitions the commission under AS 44.62.220 to establish a moratorium on new entrants into the fishery; and
        (2) the commission finds that
             (A) the fishery has reached a level of participation that may threaten the conservation and the sustained yield management of the fishery resource and the economic health and stability of commercial fishing; and
             (B) the commission has insufficient information to conclude that the establishment of a maximum number of entry permits under AS 16.43.240 would further the purposes of this chapter.
   (c) The commission may establish a moratorium under this section for a continuous period of up to four years. A fishery that has been subject to a moratorium under this section may not be subjected to a subsequent moratorium under this section unless five years have elapsed since the previous moratorium expired.
   (d) While a moratorium is in effect, the commission shall conduct investigations to determine whether a maximum number of entry permits should be established under AS 16.43.240 by
        (1) conducting research into conditions in the fishery;
        (2) consulting with the Department of Fish and Game and the Board of Fisheries; and
        (3) consulting with participants in the fishery.
   (e) The commission shall establish by regulation the qualifications for applicants for an interim-use permit for a fishery subject to a moratorium under this section. The qualifications must include the minimum requirements for past or present participation and harvest in the fishery. The commission may not issue an interim-use permit for a fishery subject to a moratorium under this section unless the applicant can satisfy the qualifications established under this subsection and establish the present ability and intent to participate actively in the fishery.

Authorities

16.05.251;16.43.100;16.43.210;16.43.227;16.43.228;16.43.240;16.43.260

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

20 AAC 05.1010
20 AAC 05.1012
20 AAC 05.1014
20 AAC 05.1016
20 AAC 05.1018
20 AAC 05.1740

References

AS 16.05.251 Regulations of the Board of Fisheries.
AS 16.43.100 Duties and general powers.
AS 16.43.210 Interim-use permit; qualifications.
AS 16.43.227 Southeast Alaska Dungeness crab fishery.
AS 16.43.228 Southeast Alaska dive fisheries.
AS 16.43.240 Determination of the maximum number of entry permits for initial issue.
AS 16.43.260 Application for initial issue of entry permits.

History

(Sec. 7 ch 34 SLA 1991)