{"data":{"id":"us-ak/as-16.43.225","jurisdiction":"us-ak","citation":"AS 16.43.225","heading":"Moratorium on new entrants into certain fisheries.","body":"(a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery\n(1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort;\n(2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and\n(3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery.\n(b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if\n(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\n(2) the commission finds that\n(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\n(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.\n(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.\n(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\n(1) conducting research into conditions in the fishery;\n(2) consulting with the Department of Fish and Game and the Board of Fisheries; and\n(3) consulting with participants in the fishery.\n(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.","path":["Title 16. Fish and Game.","Chapter 43. Regulation of Entry into Alaska Commercial Fisheries.","Article 3. Initial Issuance of Entry Permits."],"source_url":"https://www.akleg.gov/basis/statutes.asp#16.43.225","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:17:07Z","sha256":"ce2b605163b7432f4cd0cadf9806383103e830b69989c11d74a2adaa9dd1e8b9","source_id":"us-ak","stale":false,"prev":"us-ak/as-16.43.220","next":"us-ak/as-16.43.227"},"notice":"GroundRules: Original legal text. Not legal advice."}
