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(c) K. Anthony Lara Photography
Salmon Seining
F/V Marshal Tito
Admiralty Island, Alaska
Introduction
Alaska's fishing industry
needs active support from
both the private and public
sectors in order to achieve biological
and economic stability. This industry
has existed as long as commerce has
been practiced in Alaska. Seafood
harvest is such an integral part of
Alaska people often assume it will
always be healthy, despite swings in
volume and price. Current conditions
facing the industry are so critical,
survival of the industry as we know it,
cannot be taken for granted. World
seafood markets are recasting, and
change is inevitable.
Fishing has been our heritage and
can be our future but solutions must be
devised to counter expanding
competition from farmed salmon,
detrimental effects of natural forces,
erratic seasons, and soft markets created
by the glut of fish products.
Though commercial fishing is one
of the largest industries in the state, it is
overwhelmingly comprised of small
business operations. The largest share
of Alaskan fishing vessels represent
individual small businesses whose
annual gross earnings pay crew shares,
food, fuel, gear and other supplies as
well as debt overhead and insurance
costs. Each year the seafood industry
pumps in excess of $3 billion into the
state's economy.
The
importance
of the seafood
industry to
the state of
Alaska
cannot be
overstated.
If Alaska
were a
nation, it
would rank
among the
top ten
worldwide
seafood
producers .
. . ahead of
Norway,
Canada,
Iceland and
other
countries
renowned
as fishing
nations.
Just
as the
salmon
industry's
value to the
state cannot
be
overstated,
we must
never forget
the negative
impact
created by
record low
prices. Each 1 cent per pound decline
in the average statewide salmon price
represents a loss of approximately $7
million in ex-vessel payments to fishers.
Each dime reduction in prices
represents a loss of approximately $70
million, and a $4.5 million loss in tax
revenues and assessments to the state
and municipalities.
The Alaska State Legislature was
foresighted when it took a bold step by
adopting the Limited Entry Act in May
of 1973. The Act created a resource
agency "to promote the conservation
and the sustained yield management of
Alaska's fishery resource and the
economic health and stability of
commercial fishing in Alaska by
regulating and controlling entry into the
commercial fisheries..." AS
16.43.010(a).
The Commercial Fisheries Entry
Commission (Commission) became the
exempt, independent, quasi-judicial
agency to carry out the mandate.
Beyond its function as a regulatory
agency, the Commission provides a
pivotal resource development tool.
Today, over 50 of Alaska's fisheries are
under limitation and additional requests
for limitation are pending. The
Commission plays an important role in
the development and economic growth
of Alaska's fisheries, contributes to the
State's general fund, and provides data
and analysis on a variety of fishery
issues. The Commission is an essential
component of fisheries management and
Alaska's three billion dollar industry.
When creating the limited entry
system, if the legislature had been
committed only to simplicity and
economy, it could have conducted a
lottery or simply authorized auctioning
a limited number of property rights to
its fisheries. But the legislature rejected
these approaches because they lacked
consistency with the State's most
important objective of protecting the
resource and those who rely on the
harvest of the resource. The Limited
Entry Act protects the interest of
qualified, individual fishers who
demonstrate tangible dependence on
their fishery.
Extensive biological, economic,
historic, and cultural data and analyses
have been generated to aid the
development, enactment and review of
entry limitation in Alaska. Thousands
of hours of hearings throughout the
State helped form the choices made in
shaping Alaska's limited entry system.
Alaska's courts have carefully
scrutinized the program and developed
an extensive and unique body of law
governing limited entry in Alaska.
This governing body of law has
successfully upheld an intent of the
legislation to keep the permits in the
hands of those who most depend on
their fisheries for their livelihood. The
percentage of permits held by Alaska
residents has remained relatively stable.
Today, more than 77% (more than
10,000) of
all limited
entry
permits are
still held by
Alaskans,
and more
than half of
that number
by rural
Alaskans.
Absent limited
entry, many
of the
state's high-valued
fisheries
would
experience
large
increases in
effort by
new
entrants
from
several
states. Such
increases in
effort
would raise
management costs and
likely
threaten the
resource
and the
livelihood
of many
Alaskans in
coastal
communities where commercial fishing
is the cornerstone of the economy.
Unchecked growth in commercial
fishing would also threaten subsistence
and other uses of the resource.
The Commission is concerned
about the economic plight of
commercial fisheries during these
troubled times and particularly efforts
by the Internal Revenue Service (IRS)
to force the sale of entry permits from
local fishers who most depend on their
fisheries.
Together with the Division of
Investments, the Commission helped
create the Tax Obligation Loan
Program as a means for fishers to settle
federal tax obligations and protect their
fishing privileges. The Commission
has supported statewide efforts between
the public and private sector to perform
outreach to inform fishers of this unique
program.
In addition to responding to these
current and pressing issues, the
Commission has continued to perform
its primary functions to license fishers,
adjudicate claims, and perform research
critical to the industry, as detailed in
the sections to follow.
Broad support from both the
private and public sectors is absolutely
necessary to enable the industry to
rebound to a level of economic health
and stability. As a food source
important to our State and the world,
Alaskans must set a course to ensure
our fisheries are sustained through
sound management and wise
commercial development. Fortunately,
Alaska stands at the threshold of a new
century . . . older and more mature, but
young enough to believe that our best
days are ahead of us. We at the
Commercial Fisheries Entry
Commission renew our commitment to
apply the tools we have been given
toward that goal.
Organization by Agency Function
COMMISSION |
Chairman |
Commissioner
| Commissioner |
Adjudications |
Licensing |
Research |
Data Processing |
Application Processing & Classification |
Entry and Interim-Use Permit Renewal |
Fisheries Data Collection |
Licensing System |
Administrative Hearings |
Vessel Licensing |
Economic Profiles |
Fisheries Data Base |
Case Management |
Permit Transfers |
New Limitation Research |
Data Development to Adjudications and Research |
Preparation of Official Record in Judicial Appeals |
Local Licensing (Bristol Bay) |
Priority Hardship ("point") System Development and Testing |
Personnel, Travel, Accounting, and Property/ Supply Management
|
Residency and Fraud Investigations |
|
Optimum Number Research |
|
Major Decisions/Activities Affecting
Agency Operations Fiscal Years 1996-1988
Fiscal Year 1996
- Conducted research, held
public hearings and adopted
regulations limiting the
Southeastern Alaska
Dungeness crab, the Prince
William Sound sablefish, and
the Southeastern Alaska
shrimp pot fisheries.
-
Conducted research, held
public hearings and adopted
regulations establishing point
systems and an application
period for the Southeastern
Alaska Dungeness crab and
the Cook Inlet Dungeness crab
fisheries.
-
Received petitions to limit
additional fisheries and began
required analysis.
-
Commission staff participated
in the Koliganek Economic
Development Council
meetings.
-
A member of the Commission
served on the Child Support
Enforcement Division's Rural
Task Force, concerning child
support and Alaska fishers.
-
The legislature adopted HB
297 which raised the annual
vessel license fee based on
overall length; revenue
generated by the increased
fees goes to Fish and Game
management of fisheries
resources.
-
The legislature adopted HB
547 which established a four
year moratorium on entry into
Southeast Alaska dive
fisheries.
-
The legislature adopted HB
538 which established a four
year moratorium on vessels
participating in the Bering Sea
Korean hair crab fishery and
authorized the Commission to
develop a vessel permit limited
entry program.
-
The legislature adopted SB 42
which gives the Commission
the authority to propose
stacking (an individual could
hold more than one permit up
to limits set by the Board of
Fisheries).
-
The Commission issued the
Carle decision, which
denied a request by the IRS to
transfer a Southeast Alaska
salmon purse seine entry
permit to the highest bidder in
a forced permit auction held in
December.
-
Representatives from the
Commission, other state
agencies and Senator Steven's
office met with the IRS to
explore means to help permit
holders achieve voluntary tax
compliance and to eliminate
forced sales of limited entry
permits.
-
Commission statutes,
regulations, public notices,
transfer survey, and staff's
email addresses became
available to users of the
Commission's WWW internet
site.
FY95:
-
Conducted research, held
public meetings and adopted
regulations limiting the
Northern and Southern
Southeast herring spawn-on-kelp pound fisheries.
-
Held public meetings in
Southeast Alaska to discuss
the future of the moratorium in
the Southeastern dungeness
crab fisheries.
-
Received petitions to limit
additional fisheries and began
required analysis.
-
A member of the Commission
served on an Alaska
Federation of Natives (AFN)
Task Force concerning the IRS
and Alaska fishers.
-
A member of the Commission
served on a Bristol Bay Native
Association Commission to
address issues concerning
limited entry.
-
The Commission participated
in the Governor's Salmon
Strategy Task Force.
-
The legislature adopted SB
251 (Ch 62, SLA 1994), which
authorized the existing
Commercial Fishing Loan
Program to lend up to $30,000
to fishers in danger of IRS
seizure and forced sale of their
entry permits.
-
The Commission, together
with the Division of
Investments and the AFN,
persuaded the IRS not to
implement its new electronic
levy program against those
fishers eligible for the new
loan program.
-
The Commission, together
with the Division of
Investments, the IRS, and
AFN, developed and began
outreach to implement the new
Commercial Fishing Tax
Obligation Loan Program.
-
The Commission's Bulletin
Board System became
available to Internet.
FY94:
-
Adopted optimum number
regulation for the Southeastern
Alaska roe herring purse seine
fishery. (Johns v.
State, CFEC)
-
Conducted research, held
public hearings, and adopted
regulations limiting the Cook
Inlet dungeness crab fishery.
-
Conducted research and
prepared a report on the
Southeastern Alaska
dungeness crab fishery to
assist in determining if some
form of limited entry is
warranted for the fishery
following the moratorium.
-
Participated in the AFN Task
Force concerning the IRS and
Alaska commercial fishers.
-
The IRS filed suit against the
Commission.
-
Advocated legislation (SB
251) to expand the commercial
fishing revolving loan fund to
offer loans for past due federal
tax obligations.
-
Developed new licensing
system to run on the
Commission's local area
network (LAN) rather than the
state mainframe computer.
-
Continued to defend state
against elimination of
nonresident fee differential.
Carlson v.
CFEC.
FY93:
-
Completed optimum number
study for the Southeastern
Alaska roe herring purse seine
fishery.
-
Proposed optimum number
regulation pursuant to the
study.
-
Conducted workshops related
to getting and keeping limited
entry permits in local
communities.
-
Commissioners and hearing
officers each completed more
than 100 adjudicatory
decisions. Among the nearly
1,000 decisions issued since
1983, only one has been
reversed by the Alaska
Supreme Court.
-
Conducted many research
projects in response to
requests from the Commission
and others (for example,
limited entry studies, Alaska
Board of Fisheries (ABF),
Alaska Department of Fish and
Game (ADF&G), Governor's
Office, fishing associations
and Legislators).
FY92:
-
Conducted workshops to help
rural Alaskans in getting and
keeping limited entry permits
in their local communities.
-
Completed initial classification
of Western Alaska herring and
Togiak herring spawn-on-kelp
fisheries applications.
-
Continued an optimum number
study for the Southeastern
Alaska roe herring purse seine
fishery.
Conducted research, held
public hearings, adopted
regulations and implemented a
moratorium (in response to HB
137 from the previous year) in
the Southeastern Alaska
dungeness crab fishery (more
than 300 eligible to apply).
-
Aided the ABF in its creation
of a new open access salmon
set net fishery around Atka
Island for the 1992 season, for
the commercial harvest of
local pink salmon stocks.
FY91:
-
Togiak herring spawn-on-kelp
fishery point system adopted,
application period began,
approximately 500
applications were received.
Initial classification of
approximately half of the
1,813 Western Alaska herring
permit applications completed.
FY90:
-
Exxon Valdez oil spill
continued to make demands on
Data Processing and Research
sections for services required
to respond to legal activity.
-
Western Alaska herring
fisheries point systems
finalized, and almost 1,100
applications received.
-
Togiak herring spawn-on-kelp
fishery researched, hearings
held, and fishery limited.
FY89:
-
Research and hearings on
Western Alaska herring
fisheries point systems.
-
Wassillie settlement
finalized; processing of 273
applications began.
-
Alaska Supreme Court
decision in Johns
case; extensive research and
data analysis for optimum
number determinations began.
-
Exxon Valdez oil spill in
Prince William Sound created
significant demand for Data
Processing services to assist
affected fishers.
FY88:
-
Research and hearings on
Prince William Sound herring
spawn-on-kelp pound fishery
point system and processing of
140 applications began.
-
Processing of 213 applications
for the Southeastern sablefish
fisheries began.
-
Western Alaska herring
fisheries researched, extensive
hearings in Western Alaska
villages held, and five fisheries
limited.
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