CSHB 104 amends the existing moratorium law to provide for a streamlined and effective process to better manage Alaska's fisheries resources. The current moratorium statute has proven cumbersome and unworkable.

The current process involves multiple steps whereby a fisherman seeking a moratorium must first go to the Commissioner of Fish and Game, who, in turn, must seek authorization from the Board of Fisheries. If the Fish Board authorizes the Commissioner to go forward, the Commissioner may then petition the Commercial Fisheries Entry Commission (CFEC) to provide a moratorium. The CFEC is then authorized to go forward if it can make findings as required by statute. Unfortunately, the standards set forth in statute are difficult to understand and mutually inconsistent.

This cumbersome and confusing process prevents quick response in fisheries that are growing too rapidly to ensure effective management. As a result, both the resource and the economic livelihood of the participants could be jeopardized. In some situations, ADF&G's only recourse is to close the fishery or refuse to open a new fishery if effort cannot be controlled.

CSHB 104 allows petitioners to request a moratorium directly from the CFEC. A moratorium would be established if the CFEC found that it was necessary "to promote the conservation and sustained yield management of the resource and the economic health and stability of commercial fishing in the state."

CSHB 104 authorizes the CFEC to implement a moratorium on entry of new vessels into a fishery as well as participants. This new authority provides an additional management tool for fisheries when a number of different skippers are used on one vessel.

Under the current statute, eligibility to participate during a moratorium is based solely on past participation. This requirement precludes the use of a moratorium in new fisheries or closed fisheries. CSHB 104 allows the CFEC to implement a moratorium on a new or closed fishery if a fishery could not be opened because the participation levels may be sufficiently large to cause a conservation concern. Eligibility for the moratorium would be based on other reasonable standards such as participation in similar fisheries.

Additionally, CSHB 104 allows the state to extend its moratorium authority to offshore fisheries adjacent to state waters when consistent with federal law. The bill also includes provisions authorizing the CFEC to extend the current moratoria on the Korean Hair Crab and Weathervane Scallop fisheries for an additional two years if necessary.

Improving the moratorium law is consistent with our concern for developing and protecting jobs as well as streamlining government and resource protection.