Section 20.05.831. Fishing capacity restrictions for Kodiak bairdi Tanner crab pot permits.

	(a)  As part of interim-use permits and entry permits issued for the Kodiak (K) bairdi Tanner crab pot fishery, the commission will restrict the maximum overall length of a vessel that a permit holder may use. These restrictions will be based upon the past participation of the applicant in the fishery before the qualification date, as follows:  
		(1) restrictions placed upon a permit for a Kodiak bairdi Tanner crab pot fishery will be based upon the overall length of the vessel used by the applicant to commercially harvest bairdi Tanner crab in the fishery as an interim-use permit holder before the qualification date;  
		(2) if the applicant used more than one vessel to commercially harvest bairdi Tanner crab 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 commercially harvest bairdi Tanner crab was sold, sunk, or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on September 18, 2002, the applicant's permit will be based upon the overall length of the replacement vessel;  
		(4) as part of a permit, the commission will restrict the applicant to one of the following vessel categories:  
           Vessel Category               Maximum Overall Length of the Vessel
                                         the Permit Holder May Use in the
                                         Fishery
                  A                                    120 feet
                  B                                Less than 60 feet
		(5) vessel category restrictions placed upon an entry permit at initial issuance remain with the permit thereafter.  
	(b)  The vessel category restrictions assigned to a permit under (a)(4) of this section will be based upon the longest overall length of any of the vessels used by the applicant to commercially harvest bairdi Tanner crab 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 at least 60 feet but not more than 120 feet, the commission will assign vessel category A to the applicant's permit;  
		(2) if the longest overall length of any of the vessels used by the applicant was less than 60 feet, the commission will assign vessel category B to the applicant's permit.  
	(c)  If the Board of Fisheries adopts regulations restricting the vessels used in the Kodiak (K) bairdi Tanner crab pot fishery, permit holders in that fishery may use only vessels that satisfy both the vessel category restriction on the permit and the regulatory restrictions imposed by the Board of Fisheries.  
	(d)  In this section,  
		(1) "commercially harvest" means to take and sell bairdi Tanner crab in a manner consistent with 20 AAC 05.830;  
		(2) "overall length" means the horizontal distance between the outboard side of the foremost part of the stern and the outboard side of the aftermost part of the stern, excluding fittings and attachments.  

Authorities

16.43.100;16.43.110;16.43.270;16.43.950

Notes

Reference

20 AAC 05.220

Authority

AS 16.43.100 AS 16.43.110 AS 16.43.270 AS 16.43.950

History

Eff. 1/2/2003, Register 164; am 11/6/2005, Register 176