Gov. Bill Walker has put a pause on an administrative order that was recently the center of a lawsuit between the state and a commercial fishing trade association.
“Rather than implementing Administrative Order 279, Governor Walker said today he would place a moratorium on AO 279 to allow for a more robust stakeholder engagement process,” a Thursday press release from the governor’s office said.
Administrative Order 279, issued in February, was supposed to transfer certain administrative functions of the Commercial Fisheries Entry Commission to the Alaska Department of Fish and Game. CFEC was established in 1973 by the Alaska Legislature to limit how many people can participate in the state’s commercial fisheries.
“The objectives of the Order were to streamline administrative and research functions of the agencies, identify cost-saving measures, and provide appropriate support to the commercial fishing industry in the state without negatively impacting the fishing industry,” the release said. It was supposed to save $1.3 million a year.
[Governor sinks fisheries entry commission]
The AO, signed Feb. 16, was meant to take effect “immediately,” but allowed positions to be moved around “at the discretion of the commissioner,” the order said.
Due to the onset of CFEC’s busy season, ADFG didn’t make any changes immediately. Then in March, commercial fisherman and lobbyist Robert Thorstenson Jr. sued the governor and the state over the administrative order; United Fishermen of Alaska joined the lawsuit as plaintiffs in April.
[State hopes court will dismiss lawsuit affecting fisheries commission reorganization]
The lawsuit claimed the administrative order “unconstitutionally takes authority from the Alaska Legislature” to change statutes and policies related to CFEC, and transfers functions of CFEC that “serve the core purposes” and are “critical” to the operations of CFEC.
A Juneau Superior Court judge heard oral arguments on the state’s request to dismiss the lawsuit in July and issued a decision within days ruling in favor of the state.
[Court sides with state, dismisses lawsuit challenging Gov. Walker order]
This “could have paved the way for immediate action,” the press release said. But, none was ever taken. The functions and employees that were supposed to move to ADFG have remained under CFEC and its management.
Now, with Walker’s moratorium on AO 279, things will continue to remain status quo.
“In our effort to find cost-savings, I unfortunately bypassed an important step in any restructuring of state government—public engagement and feedback,” Walker acknowledged in the press release. “The vital stakeholder input will help determine the best course of action needed to find a path forward for the fishing industry, individual Alaskans, and the affected state agencies.”
Walker’s Administrative Order had been in line with legislative efforts to dismantle the CFEC. The commission had recently been targeted for elimination by two bills in the Alaska Legislature. Two reports on the agency, which came out in 2015, questioned the organizational structure of CFEC and the necessity for full-time commissioners. The report by Division of Legislative Audit recommended merging the administrative functions with ADFG, which Walker’s administrative order could have accomplished.
Thursday’s press release said Walker’s administration will pursue input on Administrative Order 279 from Alaska’s commercial fishing industry after the conclusion of the fishing season this fall.
• Contact reporter Lisa Phu at 523-2246 or lisa.phu@juneauempire.com.
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