Alaska § 16.43.225 - Moratorium on new entrants into certain fisheries.

§ 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.