Sponsor Statement for SB 145

Senate Bill 145 puts the decision on moratoriums where it belongs - with the Commercial Fisheries Entry Commission. The Nineteenth Legislature passed several bills (HB 547 and HB 538) establishing moratoriums on emerging fisheries to protect those fisheries.

The existing moratorium law has proved unworkable and confusing. Currently, a fisherman seeking a moratorium must: first convince the Commissioner of the Department of Fish and Game, Commissioner seeks authorization from the Board of Fisheries; if the Board grants authorization, Commissioner petitions the CFEC, and the Commission may then go forward if it can make findings required by the current statute, which are difficult to understand and mutually inconsistent.

This cumbersome and confusing process prevents a quick response in fisheries that are growing too rapidly to ensure effective management. As a result, the resource and the economic livelihood of fishermen 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.

SB145 allows fishermen seeking a moratorium to petition CFEC directly. This legislation also gives CFEC the authority to place a moratorium on vessels and gear as well as individuals. This is important in a fishery like the Bering Sea Korean hair crab fishery where large vessels may use a number of different skippers in a season.

Whatever action CFEC takes, it must be in consultation with the Department of Fish and Game and the Board of Fisheries.

Eligibility to participate during the moratorium currently is based on past participation. This requirement precludes the use of a moratorium in new fisheries or in fisheries that have remained closed for years. In these situations, participation levels in an open-access fishery may be initially too great to promote resource conservation and sustainable fisheries. SB 145 allows the commission to implement a moratorium in such fisheries and base eligibility on other reasonable standards such as participation in similar fisheries.

Additionally, SB 145 allows the state to extend its moratorium authority to offshore fisheries adjacent to state waters when consistent with federal law.