Section 5.39.132. Annual statistical survey of processor capacity.

	(a)  For fishery management or conservation purposes, or to assist the governor's determination on the issuance of foreign fish processing permits under 5 AAC 39.198, the commissioner or the commissioner's designee may conduct annual statistical surveys of fish buyers and processors intending to purchase and process fish for an upcoming fishing season.  
	(b)  The commissioner, or the commissioner's designee, will determine annually the specific fisheries that require a statistical survey as specified in (a) of this section.  
	(c)  The commissioner, or the commissioner's designee, will select survey participants based on the amount of fish the participants purchased and processed in the subject fishery in prior years. The participant's previous purchasing and processing activity will be assessed from fish ticket records, annual statistical reports required under 5 AAC 39.130, and any other pertinent information collected by the department.  
	(d)  The department will provide to selected survey participants written notification of the department's intent to conduct a statistical survey regarding the participant's intent and capacity to purchase and process fish in a fishery during the upcoming fishing season. Within 72 hours of receipt of the written notification of participation, a selected survey participant shall furnish to the department the name, mailing address, facsimile number, and telephone contact number for the person able to accurately provide the information requested on the participant's behalf.  
	(e)  A statistical survey under this section will address the following data:  
		(1) the maximum amount of fish in pounds or numbers of fish that the participant intends to purchase and process during the upcoming fishing season;  
		(2) the approximate maximum daily amount of fish in pounds or numbers of fish that the participant intends to purchase and process in the upcoming fishing season;  
		(3) the approximate number of vessels or fishermen from which the participant intends to purchase and process fish;  
		(4) the number of tenders and remote fish buying stations that the participant intends to operate during the upcoming fishing season;  
		(5) the approximate beginning and ending dates for the time period the participant intends to purchase and process fish in the subject fishery;  
		(6) any anticipated changes in facilities, processes, or operations that would substantially change the intended purchasing and processing capacity in the subject fishery from the participant's operation the previous year; and  
		(7) any other information the commissioner or commissioner's designee determines to be important for fishery management or conservation purposes or for the governor's determinations regarding foreign fish processing permits.  
	(f)  A buyer or processor selected to participate in the survey shall  
		(1) submit a complete and accurate response to the department by the return date specified on the survey; and  
		(2) immediately notify the department of any changes in purchasing and processing capacity plans compared to those previously reported in the survey.  
	(g)  Annual survey responses that identify intended fish purchasing and processing activities are confidential as annual statistical reports under AS 16.05.815(a).  

Authorities

16.05.020;16.05.050;16.05.815

Notes

Authority

AS 16.05.020 AS 16.05.050 AS 16.05.815 Editor's note: The address to reply to the survey is Alaska Department of Fish and Game, Division of Commercial Fisheries, 1255 West 8th Street, P.O. Box 115526, Juneau, AK 99811-5526.

History

Eff. 3/6/2004, Register 169