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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 43. Regulation of Entry Into Alaska Commercial Fisheries
- Section 225. Moratorium On New Entrants Into Certain Fisheries.
previous: Section 220
. Terms and Conditions of Interim-Use Permits.
next: Section 227
. Southeast Alaska Dungeness Crab Fishery.
AS 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
- (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
- (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.
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