A plan to transfer certain administrative functions of the Commercial Fisheries Entry Commission to the Department of Fish and Game is on hold until the state gets more feedback from Alaska’s commercial fishing industry.
Gov. Bill Walker issued the controversial administrative order for the transfer of functions back in February, but now says in his effort to find cost-savings for the state in its fiscal crisis that he bypassed an important step in any restructuring of state government — public engagement and feedback.
“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 said.
The governor said that his administration would pursue input from Alaska’s commercial fishing industry after the conclusion of the fall fishing season.
Walker had issued Administrative Order 279 with the intent of streamlining administrative and research functions of the agencies to save money, while providing support without negative impact to the commercial fishing industry.
But in May, United Fishermen of Alaska and Robert Thorstenson Jr. challenged the administrative order in Alaska Superior Court. The plaintiffs contended that
the administrative order was invalid and unconstitutionally taking authority from the Legislature to amend statues and policies related to operation and management of CFEC.
On July 21, Superior Court Judge Louis James Menendez ruled in favor of the state.
“At this current time, any alleged conflict between the AO and the CFEC is purely hypothetical,” Menendez said. “No actual controversy exists because the plaintiffs have suffered no harm and cannot show they are likely to suffer substantial harm in the future. For these reasons, the court grants the state’s motion to dismiss for lack of subject matter jurisdiction as it finds that there is no actual controversy at this point in time meeting the ripeness requirement.”
Max Worhatch, president of United Southeast Alaska Gillnetters, and a board member of UFA, said he was very pleased and supportive of the governor’s decision
“We have been actively talking with the governor,” Worhatch said.
“He is willing to discuss it with us, which is more than refreshing.”
