Section 20.05.830. General provisions relating to Kodiak bairdi Tanner crab pot fishery.

	(a)  To be eligible to apply for an entry permit in the Kodiak (K) bairdi Tanner pot fishery, an individual must have commercially harvested the fishery resource while participating in the fishery as a holder of an interim-use permit issued for the fishery under AS 16.43.210 during at least one of the years 1993 - 2002.  
	(b)  The commission will only consider an individual to have commercially harvested under (a) of this section, if the individual  
		(1) lawfully took bairdi Tanner crab during a fishing period established by the Department of Fish and Game under 5 AAC 35.510(a);  
		(2) held an interim-use permit for the fishery under AS 16.43.210;  
		(3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state;  
		(4) complied with the gear requirements of 5 AAC 35.050, 5 AAC 35.525, 5 AAC 35.526, and 5 AAC 39.145; and  
		(5) sold bairdi Tanner crab in accordance with state and federal statutes and regulations governing the sale and use of commercially caught bairdi Tanner crab applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen.  
	(c)  The commission will not consider the part of the individual's bairdi Tanner crab harvest to have been commercially harvested under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual retained that bairdi Tanner crab for personal use, discarded that bairdi Tanner crab, donated that bairdi Tanner crab, or forfeited that bairdi Tanner crab upon conviction of violating a state or federal statute or regulation.   
	(d)  If two or more individuals had landings, as indicated by Alaska Department of Fish and Game catch records (fish tickets), from the same vessel during a calendar year, each individual must have fished as a gear operator to be eligible for any points. If the individuals participated as partners, the pounds will be allocated as described in (e) of this section.  
	(e)  If two or more individuals participated as partners on the same vessel during a calendar year, the commission will allocate the partnership operation's commercial harvest from that vessel among the partners, regardless of whether all partners apply for an entry permit, for the purpose of determining past and consistent participation for each partner who is an applicant. The following will be used to make the allocations and to determine points:  
		(1) the commercial harvest allocated to each individual who is a party to the partnership operation will be based on Alaska Department of Fish and Game catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the commercial harvest;  
		(2) if the commission finds that the actual distributions of a partnership operation's commercial harvest among the partners differed from that shown on Alaska Department Fish and Game catch records (fish tickets), the commission will determine each partner's share of the partnership operation's commercial harvest based on the available evidence; the sum of the commercial harvest allocated to the partners will not exceed the total commercial harvest from the vessel for that year;  
		(3) after the commercial harvest has been allocated among the partners under (1) and (2) of this subsection, past and consistent participation points will be determined for each partner under 20 AAC 05.834.  

Authorities

16.43.100;16.43.110;16.43.260;16.43.120

Notes

Reference

20 AAC 05.831
20 AAC 05.833
20 AAC 05.834
20 AAC 05.836

Authority

AS 16.43.100 AS 16.43.110 AS 16.43.260

Authority

AS 16.43.100(b) AS 16.43.110 AS 16.43.120(a)

History

Eff. 1/2/2003, Register 164; am 2/11/2004, Register 169

History

Eff. 12/18/74, Register 52; am 5/20/90, Register 114