Section 20.05.779. Fishing capacity restrictions for Prince William Sound sablefish permits.

	(a)  Interim-use permits and entry permits issued for the Prince William Sound fixed gear, pot gear, and net gear sablefish fisheries will restrict the maximum overall length of a vessel that a permit holder can use. These restrictions placed upon a permit for a particular Prince William Sound sablefish fishery will be based upon the past participation of the applicant in that fishery before the qualification date.  
		(1) restrictions placed upon a permit for a particular Prince William Sound sablefish fishery will be based upon the overall length of the vessel used by the applicant to legally harvest sablefish in the fishery as an interim-use permit holder before the qualification date;  
		(2) if the applicant used more than one vessel to legally harvest sablefish in the fishery as an interim-use permit holder before the qualification date, the restriction placed upon the applicant's permit will be based upon the longest overall length of any of the vessels used by the applicant;  
		(3) notwithstanding (b) of this section, if the vessel used in the fishery to legally harvest sablefish was sunk or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on September 1, 1995, the applicant's permit will be based upon the overall length of the replacement vessel;  
		(4) a permit will restrict the applicant to one of the following vessel categories:   
   Vessel          Maximum Overall Length of the
  Category         Vessel the Permit Holder May
                   Use in the Fishery
      A                               90 Feet
      B                               60 Feet
      C                               50 Feet
      D                               35 Feet
		(5) vessel category restrictions placed upon an entry permit at initial issuance will remain with the permit thereafter.  
	(b)  The vessel category restrictions assigned to a permit will be based upon the longest overall length of any of the vessels used by the applicant to legally harvest sablefish as an interim-use permit holder before the qualification date, as follows:  
		(1) if the longest overall length of any of the vessels used by the applicant was greater than 60 feet, the applicant's permit will be for vessel category A;  
		(2) if the longest overall length of any of the vessels used by the applicant was greater than 50 feet but less than or equal to 60 feet, the applicant's permit will be for vessel category B;  
		(3) if the longest overall length of any of the vessels used by the applicant was greater than 35 feet but less than or equal to 50 feet, the applicant's permit will be for vessel category C;  
		(4) if the longest overall length of any of the vessels used by the applicant was less than or equal to 35 feet, the applicant's permit will be for vessel category D.  
	(c)  If the Alaska Board of Fisheries adopts regulations restricting the vessels used in the Prince William Sound fixed gear, pot gear, or net gear sablefish fisheries, permit holders in these fisheries may use only vessels that satisfy both the vessel category restriction on their permit and the regulatory restrictions imposed by the Alaska Board of Fisheries.  
	(d)  Notwithstanding (a) - (c) of this section, an interim-use or entry permit holder may use a vessel with an overall length greater than the vessel category for which the interim-use or entry permit is issued while participating in the fishery under the provisions specified in 5 AAC 28.272(c).   

Authorities

16.43.100;16.43.110;16.43.270;16.43.950

Notes

Reference

20 AAC 05.220
5 AAC 28.272

Authority

AS 16.43.100 AS 16.43.110 AS 16.43.270 AS 16.43.950

History

Eff. 12/15/95, Register 136; am 7/26/97, Register 143; am 12/1/2004, Register 172