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RESEARCH

Overview

The research section provides the background research and data analyses needed by the Commission. The section, coupled with the Commission's data processing section, also produces basic economic data on Alaska's fisheries which can be used to address many policy questions and to develop standard or specialized reports to serve the data needs of users outside the agency.

In 1991, the Commission's research staff was involved in a wide range of projects. These projects included efforts to monitor trends in Alaska's fisheries, to evaluate the need for access controls in particular fisheries, to develop eligibility criteria for moratoria in the Southeastern Alaska Dungeness crab fisheries, to document and analyze changes occurring under the entry limitation program, to provide other agencies and users with needed data, and to develop optimum number recommendations for the Southeastern Alaska roe herring purse seine fishery. The following paragraphs provide brief highlights of 1991 activities.


New Moratorium Legislation

In 1991, Alaska's legislature passed a bill (SCSCS HB 137) which provided the Commission with the authority to implement a moratorium on new entrants into certain fisheries under specific conditions. The bill amended several different statutes. Prior to this legislation, a moratorium on new entrants could only be achieved by implementing a full-scale limited entry program. Under the new legislation, a moratorium can last a maximum of four years.

The legislation provides the Commission with the authority to implement a moratorium on new entrants into a fishery that: (1) has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort; (2) 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 (see AS 16.43.225). The law also provided the Commission with the direct authority to implement a moratorium in the Southeastern Alaska Dungeness Crab fishery (see AS 16.43.227).

The Commission may act under AS 16.43.225, only if the Commissioner of the Alaska Department of Fish and Game (ADF&G), upon approval of the Board of Fisheries (BOF), petitions the Commission under AS 44.62.220 for a moratorium on new entrants. To act, the Commission also must conclude that 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. The Commission must also find that they have insufficient information to limit entry under AS 16.43.240.

A fishery reverts to open access at the conclusion of a moratorium, unless the Commission takes other actions to limit entry. A moratorium is expected to be much less costly to administer than a full-scale limited entry program.


Moratoria and Limitation Studies

Each year, as some of Alaska's unlimited fisheries face increasing fishing pressure, the Commission receives requests to limit entry into additional fisheries. In 1990, the Commission received another petition to limit the Southeastern Alaska Dungeness crab fisheries. The research staff produced an extensive research report on the fishery in 1990, and continued to provide report updates to the Commission in 1991.

Nevertheless, the Commission did not adopt a full-scale limited entry program in these Dungeness fisheries because it was doubtful that the existing limited entry statutes would be very effective at controlling the growth in fishing effort over the longer-term. Many Dungeness fishermen agreed with the Commission but still felt that there was a need to take temporary action to contain the growth in effort while longer-term alternatives for the fisheries could be explored.

In 1991, fishermen in the Southeastern Alaska Dungeness crab fisheries, fishermen in Southeastern Alaska diving fisheries, and their legislators were instrumental in developing the new moratorium legislation which became law. Following passage of the legislation, the Commission was petitioned immediately for such a moratorium by Southeastern Alaska Dungeness crab fishermen.

After receiving the petition, the Commission developed regulatory proposals for moratoria in the Southeastern Alaska Dungeness pot, ring net, and diving fisheries. The Commission carefully analyzed alternative eligibility criteria required under AS 16.43.227 and AS 16.43.225 (e). A regulatory proposal was made in August and a public comment period was held in August and September. Several public meetings were held throughout Southeastern Alaska to discuss the proposal.

While the public comments were mixed, particularly with respect to eligibility requirements, the weight of the public testimony and the comments of the ADF&G supported the need for moratoria in these fisheries. The Commission adopted moratoria regulations in September 1991, and only those eligible to fish during the moratoria will be issued interim-use permits in 1992. Currently, fishermen and the Commission are exploring longer-term options for effort management in these fisheries.

In 1991 the Commission's research staff also completed a series of reports on the Southeastern Alaska diving fisheries. The Commission received petitions to implement moratoria or limited entry into some of the Southeastern Alaska diving fisheries in 1990, and decided to look at several of these fisheries as a complex.

A series of five reports on these Southeastern Alaska diving fisheries were prepared by Susan Shirley and Al Tingley. Four of the reports cover the abalone, sea cucumbers, sea urchins, and geoduck fisheries, separately. These reports look at the development of each fishery, participation histories, harvest and earnings data, and participation patterns across fishing areas. A fifth report looks at all the fisheries as a complex and examines participation patterns across species, area and combinations of species and area.

One of the fisheries which experienced a recent rapid increase in effort is the Southeastern Alaska sea cucumber fishery. In April of 1990, the Central Council of the Tlingit and Haida Indian Tribes of Alaska filed a suit against the BOF, CFEC, and ADF&G "to prevent further destruction and mismanagement of stocks of sea cucumbers and other subsistence seafoods in violation of principles of sustained yield mandated by the Alaska Constitution." In May 1990, the ADF&G closed the fishery until research could be conducted and a new management approach could be developed.

The ADF&G subsequently conducted surveys and developed an interim management plan. In early 1991, the BOF developed new regulations to manage the fishery (see 5 AAC 38.140). The Board also passed a plan for managing high impact emerging fisheries in general (see 5 AAC 39.210). The Department has proceeded to manage the fisheries under these new regulations.

After the new moratorium legislation was signed into law in June of 1991, sea cucumber fishermen petitioned the Commissioner of Fish and Game for a moratorium on new entrants into the fishery. Because ADF&G's new management plan appears to be capable of adequately providing for resource conservation in the fishery, the Department concluded that the fishery no longer met all of the criteria specified in AS 16.05.050(20). As a result, the Department decided that they did not have the authority to petition the Commission for a moratorium. Both the Commission and the Department will continue to monitor developments in these diving fisheries.


Optimum Number Research

In 1991, the Commission's research staff completed a preliminary rough draft of a report on optimum numbers for the Southeastern Alaska roe herring purse seine fishery. This work was mandated by the decision of the Alaska Supreme Court in Johns v. State, CFEC, 758 P.2d 1256 (Alaska 1988).

Johns recognizes that more permits could be created and sold as a result. Because Johns is premised on a constitutional issue, the same claim could be brought in any limited fishery where there has been a substantial change in conditions since the time the fishery was limited.

The preliminary report is currently being reviewed and extensively revised but should be released for public comment during 1992. The Commission wants to take great care in making an optimum number decision, as there is a real risk that any decision may result in a new court challenge.

Some of the research which was undertaken in this fishery will be helpful in the optimum number process in other herring fisheries. The Commission expects to move prudently with respect to optimum number research in other fisheries. Further, current research may well lead to Legislative recommendations which could simplify and clarify this difficult area of the Limited Entry Act.


Permit Distribution Patterns

In 1991, the Commission continued to monitor changes in the distribution of holders of Alaska's limited entry permits. The geographic distribution of Alaska's limited entry permits is a topic which continues to be an important concern to Alaskans and their legislators. The report, Changes In The Distribution Of Alaska's Limited Entry Permits, 1975-1990 (CFEC Report 91-6, co-authored by Rick Berning and Elaine Dinneford), provides extensive data, information and analyses on the topic.

This report updates previous studies by the Commission. A major change in this report from earlier versions was the use of 1990 census data and standards to define the rural and urban categories used in the definition of the resident-types in the report. For analysis purposes, the report defines five resident-types relative to each limited fishery. These include non-residents and four Alaskan resident-types. The four Alaskan resident-types are based upon whether a permit holder lives in a rural or urban community, and whether that community is considered local or non-local to the limited fishery.

The report provides data on the 48 limited fisheries for which permanent permits had been issued through year-end 1990. It covers the 1975 through 1990 time period and includes detailed information on the changes in the number and type of entry permits held by each Alaskan resident-type and nonresidents.

The report provides fishery specific and statewide data on transfer incidence, the initial geographic distribution of permit holders, changes due to permit transfers, changes due to permit holder migrations, and the year-end 1990 geographic distribution of permit holders. Data are also provided on the age distribution of permit holders through time and age differences between transferors and transfer recipients.

Summary statistics are also reported from CFEC's transfer survey. These statistics provide information on the incidence of transfers between family members and business partners, transfer acquisition methods, and transfer financing methods. Copies of the report are available upon request.


Other Reports/Activities

During the year, the Commission's research staff produced many ad hoc reports for the Commission and special request reports for the BOF and the Alaska legislature. The staff produces monthly permit value estimates for the Department of Commerce and Economic Development and other users. Elaine Dinneford produced a number of reports on wholesale production and value for both the Commission and outside users and produced reports for the Commission on changes in permit holdings in particular fisheries by village.

Ben Muse extended some earlier work which he had done on permit values in a paper titled "Fishing Permit Values and Management Rents In Alaska Salmon Fisheries". This paper was presented at the 1991 meeting of the Western Economics Association. In the paper, Dr. Muse uses his previous estimates of the relationship between permit values and net earnings to forecast the impact on management rents of a 25% increase in gross revenues in the Southeastern Alaska salmon purse seine fishery. Among other topics, the paper raises the possibility that such events may increase short term rents to crewmembers.

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